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 and injured her left ankle and foot. She sued Samuelson for damages. Is Samuelson liable? 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. Samuelson is not liable for the damages. A tort, in common law jurisdictions, is a civil wrong, then the company and Samuelson could have been liable. Samuelson was not negligent in selling the tour package to the Connollys. Samuleson obligation was to provide transportation services, not to ensure that the Connollys weren’t injured once arriving to their destination. When the tourist was injured, she was not being carried by them. The fall off of 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. 30.8
Ray Johnson and his eight-year-old son, David, were waiting for a “walk” sign before crossing a street in downtown Salt Lake City. A truck owned by Newspaper Agency Corporation (NAC) and operated by its employee, Donald Rogers, crossed the intersection and jumped the curb, killing David and injuring Ray. Before...
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