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Connolly V. Samuelson

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Submitted By blueheart
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CASE 29.2
Independent Contractor: 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 Connolly’s’ 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)

Samuelson is not liable for Mrs. Connolly injury in anyway. The environment was set forth by the nature of the trip. Just because Samuelson is a travel agent who provides the tickets it doesn’t make him liable for the damages caused by Connolly’s injury. He was not negligent and wasn’t even there when the accident occurred.
The seller of the tour package isn’t liable for the plaintiff falling while crossing the stream. His obligations were to provide the transportation services, not to ensure her wellbeing after arriving at her destination. Everyone has slipped on rock one time or another in their life whether it be at the beach or while on vacation, and not in the slightest has there been a claim made or evidence presented that the defendants caused or in any way contributed to the slip, like in this case. Not even a railroad, an airline or any other public carrier is an insurer of the safety of their passengers where its instrumentalities are not defective or its employees are not negligent. Therefore, there is simply no legal liability in this

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