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Published: July 01, 2008 11:04 am    print this story   comment on this story  

UPDATE — W.Va. Supreme Court to hear fatal rafting case

Associated Press

CHARLESTON — The state Supreme Court will hear a case in September that could affect the future of West Virginia’s rafting industry.

Lawyers for rafting outfitter River Riders Inc. want the high court to stop Jefferson County Circuit Court from proceeding with a case involving a fatal 2004 rafting accident on the Shenandoah River.

Circuit Judge Thomas Steptoe has consolidated a wrongful death lawsuit filed by Kathy Freeman, the widow of the man killed on the trip, and a personal injury lawsuit filed by other rafters. The trial is set for July 27.

Steptoe is allowing the case to be argued under maritime law, which means the rafting company couldn’t use waivers the rafters signed in its defense. The company’s lawyers say this precedent could have a crippling effect on the industry.

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