Pineda

Appellants, the family of decedent Alvaro Pineda, appeal from a judgment in favor of the Los Angeles Turf Club, Inc. (Santa Anita), and McHal Enterprises, Inc. (McHal), rendered in plaintiffs’ wrongful death action. McHal cross-appeals from the trial court’s order granting plaintiffs’ motion to tax costs.

Alvaro Pineda, a leading jockey, was killed in an accident which occurred in stall 8 of the starting gate at Santa Anita racetrack before the start of the fourth race on January 18, 1975. Pineda was mounted on a horse named Austin Mittler. While in the starting gate, the horse became fractious, lowered its head, and suddenly threw its head up and back, striking Pineda either on his head or chest as he was moving to his right attempting to get off the horse’s back.

According to appellants’ version of the facts the horse struck Pineda throwing him violently back against the stanchion of the starting gate which was unpadded—allegedly because of Santa Anita’s negligent maintenance and operation and because it had been defectively designed and manufactured. Appellants contend that Pineda suffered a blow to the right side of his head as it came in contact with the stanchion…