By Doyice Cotten
Note: This is the third consecutive post (involving law in three states in three types of activity) in which assumption of risk has played a major role.
20-Year-old Erik Downes, college student at Oglethorpe University, drowned in the Pacific Ocean while he was in Costa Rica attending a study-abroad program. His parents brought a wrongful death suit against the university alleging negligence and gross negligence. Oglethorpe argued that 1) it owed no legal duty to Downes;