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JOHNSON v. NEW RIVER SCENIC WHITEWATER TOURS, INC.

No. CIV.A. 5:01-0703.

313 F.Supp.2d 621 (2004)

Karen JOHNSON, Personal Representative of the Estate of Lindsay Gillespie, Plaintiff, v. NEW RIVER SCENIC WHITEWATER TOURS, INC., a West Virginia Corporation, and Clayton Scott, Defendants.

United States District Court, S.D. West Virginia.

April 13, 2004.

Attorney(s) appearing for the Case

David L. White, Richard A. Monahan, Masters & Taylor, Charleston, WV, Ken W. Harrell, Angus M. Lawton, Joye Law Firm, North Charleston, SC, for Plaintiffs.

Daniel R. Schuda, Schuda & Associates, Charleston, WV, for Defendants.

ORDER

CHAMBERS, District Judge.

Pending are Third Party Defendants Fort Johnson Baptist Church and John Peters' motion for summary judgment and Plaintiff's motion in limine regarding a purported release of liability and comparative negligence. For the reasons set forth herein, both motions are GRANTED.

I. Introduction

On August 13, 1999, fourteen-year old Lindsay Gillespie ("Lindsay") died while participating in a rafting...

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