Thursday, June 22, 2006

Trail Rider Injured in Saddle Slippage Defeats Motion to Dismiss

Anker v. Wineglass Mountain Trail Rides, 2005 Mont. Dist. LEXIS 1465 (D. Ct, Mont. Nov. 9, 2005).

In this case a rider, injured when a saddle slipped and she fell off sued the operator in negligence. The trail ride operator in return filed a motion to dismiss for failure to state a claim.

The defendants argued that under the Montana equine activity statute sec. 27-1-725-6-7, Mont. Code. Ann. and a written waiver signed by the plaintiff they were immune from suit.

The court overruled the defendant's motion, observing that the plaintiff had alleged enough to state a claim in negligence, and that the Montana equine activity statute was designed to assist courts and juries in attempting to determine under what circumstances an equine operator might be liable, rather than a blanket immunity as the defendant argued.


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