Rick's Pro Dive 'N Ski Shop, Inc. v. Jennings-Lemon

Jack Holt, Jr., Chief Justice.

The appellee, Cindy Jennings-Lemon, enrolled in the appellant, Rick’s Pro Dive ‘N Ski Shop’s (Rick’s) underwater diving course. While participating in the course, Jennings-Lemon became extremely cold and apparently had to get out of the water and her diving gear in order to avoid danger of hypothermia. She allegedly sustained injury to her neck when one of Rick’s agents “ripped off’ the mask and headpiece to her wetsuit.

Jennings-Lemon brought suit in Pulaski County Circuit Court for personal injury and negligence. Rick’s moved for summary judgment on the basis of…