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Roger, Attorney
Category: Business Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Mercedes Connolly and her husband purchased airline tickets

Resolved Question:

Mercedes Connolly and her husband purchased airline tickets and a tour package for a tour to South Africa from Judy Samuelson, a travel agent doing business as International Tours of Manhattan. Samuelson sold tickets for a variety of airline companies and tour operators, including African Adventurers, which was the tour operator for the Connollys’ tour. Mercedes fell while trying to cross a 6-inch-deep stream while the tour group was on a walking tour to see hippopotami in a river at a game reserve. In the process, she injured her left ankle and foot. She sued Samuelson for damages. Is Samuelson liable? Connolly v. Samuelson, 671 F.Supp. 1312, Web 1987 U.S. Dist. Lexis 8308 (United States District Court for the District of Kansas)
Submitted: 5 years ago.
Category: Business Law
Expert:  Roger replied 5 years ago.

Hi -


Connolly alleged that the International Tours and Samuelson were negligent in failing to advise her that a walking tour was part of the tour. She was injured when she slipped on a rock. She alleged that they failed to provide her with a safe tour. The tourist further contended that they acted as common carriers and owed her the highest duty of care at the time of her injury. She also alleged a breach of contract and implied warranty.


The court granted the motion for summary judgment brought by International Tours and Samuelson, holding that they were not common carriers. When the tourist was injured, she was not being carried by them, nor was she alighting from their conveyance. She was not their passenger when the accident occurred and thus no common carrier liability attached. The court also found that the doctrine of res ipsa loquitur was inapplicable because her fall off a slippery rock was the type of event that occurred in the absence of negligence. Further, there was no breach of duty in failing to warn her of a known hazardous condition, and the brochure exculpating them from any liability was plain evidence that they undertook no warranty or guarantee of her safety on the trip.


The court granted the motion for summary judgment brought by International Tours and Samuelson in Connolly's action against them for common carrier negligence, breach of contract, and breach of implied warranty.


International Tours and Samuelson are not liable.

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