December 28, 2018
According to Sam Wilson of the Billings Gazette, a Montana fly-fishing guide has settled a lawsuit over the alleged wrongful death in 2014 of his 81-year-old client. According to the report, guide Jim Yeager asked his clients that day to wear personal floatation devices, but Charles McJunkin refused, fell overboard, and drowned. McJunkin’s partner Julia Garner also fell out of the raft, and yelled that she couldn’t swim, requiring Yeager to make a split-second decision to let go of McJunkin in order to save Garner.
In the lawsuit, McJunkin’s family alleged multiple breaches of duty, including failing to require the elderly man to wear a personal flotation device. Yeager argued for the claims to be dismissed under the Montana Recreation Responsibility Act, which shields outfitters from the “inherent risks” of certain sports and recreation activities.
The terms of the settlement were not disclosed, you can read the entire story at http://montanauntamed.com/montana-untamed/article_daa1599f-1e9d-5591-b493-a79e121ce811.html