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LOUIS AND JACQUELINE TUCKER v. WHITAKER TRAVEL (10/18/85)

filed: October 18, 1985.

LOUIS AND JACQUELINE TUCKER, H/W AND CHRISTINE TUCKER, BY HER PARENTS AND GUARDIANS, LOUIS AND JACQUELINE TUCKER, APPELLANTS,
v.
WHITAKER TRAVEL, LTD. AND APPLE TOURS AND THE AMBASSADOR BEACH HOTEL AND HAPPY TRAILS STABLES AND THE HOTEL CORPORATION OF THE BAHAMAS T/A THE AMBASSADOR BEACH HOTEL. LOUIS AND JACQUELINE TUCKER, H/W AND CHRISTINE TUCKER, BY HER PARENTS AND GUARDIANS, LOUIS AND JACQUELINE TUCKER, APPELLANTS, V. WHITAKER TRAVEL, LTD. AND APPLE TOURS AND HAPPY TRAILS STABLES AND THE HOTEL CORPORATION OF THE BAHAMAS T/A THE AMBASSADOR BEACH HOTEL



Appeal from the Orders of the Court of Common Pleas, Civil Division, of Philadelphia County at No. 4638 July Term 1983. Appeal from the Orders of the Court of Common Pleas, Civil Division, of Philadelphia County at No. 4665 October Term 1983.

COUNSEL

John J. O'Brien, Jr., Philadelphia, for appellants.

Jean C. Hemphill, Philadelphia, for appellees.

Wickersham, Beck and Cercone, JJ.

Author: Wickersham

[ 348 Pa. Super. Page 57]

Louis and Jacqueline Tucker and their daughter, Christine, brought this action to recover damages for injuries sustained by Jacqueline and Christine on December 4, 1982, in a horseback riding accident that occurred in the Bahamas.

Appellants set forth the circumstances that led to the accident as follows:

During November, 1982, [Appellants], Jacqueline and Christine Tucker purchased an "Apple Tour" to the Bahamas. The brochure for the tour stated, "Your choice of three or four nights at any of our three excellent Hotels." One of the three hotels is the Ambassador Beach Hotel. The brochure also stated, "A hospitality desk will be available at the Ambassador Beach Hotel."

Upon their arrival in the Bahamas, the Tuckers were taken to the Ambassador Beach Hotel, as they were advised by the Final Itinerary given to them by Whitaker Travel.

All the members of the Apple Tour were gathered in a room where they were addressed by a woman who identified herself as "Ruth". Ruth wore an Apple Tour identification badge and informed the group that she was their Apple Tour representative.

Ruth required that all individuals present fill out registration cards for the Ambassador Beach Hotel. Ruth

[ 348 Pa. Super. Page 58]

    also advised the assembled group that if anyone needed anything they were to see her at the courtesy desk provided by Apple Tours in the Ambassador Beach Hotel.

The Tuckers wished to go horseback riding and Ruth sought and engaged a stable for the Tuckers. Mrs. Tucker paid Ruth three dollars ($3.00) for herself and her daughter. She was advised to pay fifteen dollars ($15.00) to the stables. The Tuckers were transported to the riding stables together with two other young ladies in the stable's service van.

All four advised the stable attendant that they were inexperienced riders and requested that they simply walk the horses. Near the end of the ride the guide fell off his horse and the horses broke off into a gallop. The other four horses followed and threw their riders. All four women were injured and all four received medical treatment. One rider died of head injuries. Mrs. Tucker continues to suffer pain from her disabling injuries. Christine Tucker sustained severe head injury ...


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