Falcon international reservoir

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Reference no: EM133901749

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Falcon International Reservoir (commonly known as Falcon Lake) is a lake in South Texas formed by a dam on the Rio Grande River. Friends Gilbert Vela and Juan Seguin went to Falcon State Park for a weekend of wakeboarding on the lake. Vela and Seguin took turns wakeboarding behind a boat owned by Seguin and driven by the other. Over the course of several days, they each took dozens of turns and spent many hours on the water. On the last run of the weekend, Seguin was driving the boat close to shore with Vela behind on the wakeboard. Vela unsuccessfully tried to do a Tumble Turn and suffered a severe head injury. Vela filed a negligence action against Seguin seeking compensation for the injuries that he sustained. Two years earlier, the Texas state legislature had enacted a statue that prohibited a person who participated in the sport of water skiing from suing a speed-boat operator for injuries caused by the risks inherent in water skiing. Using the information presented in Chapter 7, answer the following questions: 1. What defense is Seguin most likely to assert? Will he be successful? 2. A key issue in this case is whether the state statue establishing that water skiers assume the risks inherent in the sport bars Vela's suit. If you were the judge, how would your decision be on this issue? Why? 3. Assume that the court concludes that the statue applies only to water skiing and not to wakeboarding. Will Vela's lawsuit be successful? Explain? 4. Now suppose that the jury concludes that Vela was partly at fault for the accident. Identify and explain the theory that might assign his damages in proportion to the degree to which the jury finds his actions contributed to the accident and resulting injuries.

Reference no: EM133901749

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