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RIVER RIDERS, INC. v. STEPTOE

No. 34206.

672 S.E.2d 376 (2008)

RIVER RIDERS, INC., and Matthew Knott, Petitioners, v. The Honorable Thomas W. STEPTOE, all Plaintiffs in the Christopher et al. v. River Riders, Inc., Civil Action No. 06-C-328, and All Plaintiffs in Freeman Civil Action No. 06-C-325, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 10, 2008.

Attorney(s) appearing for the Case

Robert P. Martin, Esq., Justin C. Taylor, Esq., Jared M. Tully, Esq., Bailey & Wyant, P.L.L.C., Charleston, for Petitioners.

Michael A. Barcott, Esq., Holmes Weddle & Barcott, P.C., Seattle, WA, Pro Hac Vice Attorney for Petitioners.

Daniel R. Schuda, Schuda & Associates, Charleston, for Amicus Curiae West Virginia Professional River Riders.

Stephen G. Skinner, Esq., Laura C. Davis, Esq., Skinner Law Firm, Charles Town, for Respondent, Kathy L. Freeman.

Paul D. Bekman, Esq., Salsbury, Clements, Beckman, Marder & Adkins, LLC, Baltimore, MD, Pro Hac Vice Attorney for Respondents, The Christopher Plaintiffs.

Mark Jenkinson, Esq., Burke, Schultz, Harman, and Jenkinson, Martinsburg, for Respondents, The Christopher Plaintiffs.

BENJAMIN, Justice:1

Petitioners, River Riders, Inc. and Matthew Knott, seek a writ of prohibition to vacate three pre-trial orders of the Circuit Court of Jefferson County that (1) excluded from the forthcoming trial the Release and Assumption of Risk Agreements that had been signed by fourteen plaintiffs prior to embarking on a whitewater rafting expedition provided by the Petitioners; (2) ruled that the rafting incident was governed...

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