Daugherty v. Tabor

The Supreme Court reversed the decision of the Court of Appeals reversing the circuit court’s grant of summary judgment in favor of Defendants in this case alleging that Defendants breached their duties under the Farm Animals Activity Act by failing to make a reasonable inquiry into Plaintiff’s ability to manage a horse named Flash before letting her ride the horse, holding that Defendants were not liable under the statute.When Plaintiff visited a stable owned by Defendants to test-ride horses for sale she was injured when she was thrown by Flash. Plaintiff sought compensation for her injuries. The trial court granted summary judgment for Defendants. The Court of Appeals revered, finding that Defendants had a duty to make a reasonable and prudent inquiry into Plaintiff’s ability to manage flash before letting her ride the horse and that a genuine issue of fact existed regarding Plaintiffs allegation that defendants caused Plaintiff’s injuries. The Supreme Court reversed, holding (1) Defendants reasonably determined that Flash was suitable for Plaintiff to ride based upon Plaintiff's representations; and (2) no genuine issue of material fact existed as to Defendants’ liability under the statute. View "Daugherty v. Tabor" on Justia Law