Frost v. Eco Dive Center
A student in an advanced scuba diving course died as a result of injuries sustained during a night dive in rough waters. His wife here sues for wrongful death the instructor and the company that offered the course. The student had signed a liability release, which, under the law, precludes a claim of ordinary negligence but not a claim for gross negligence. We conclude on the facts presented that the trial court properly granted summary judgment to the defendants because there was no triable issue of material fact as to whether defendants’ conduct constituted gross negligence.
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