Shelly

Background

Appellant Eric Shelly was injured when a racehorse he was exercising at Los Angeles County Fairplex Park collided with another being ridden by Reggie Burleson. Appellant brought a complaint for negligence against the Los Angeles County Fair Association (the owner of Fairplex Park), the State of California, the County of Los Angeles, Burleson, and respondents William Stepp and Jim Lindsey. Respondents Stepp and Lindsey were identified as the employers, supervisors, and agents of Burleson, and the owners, controllers, maintainers, supervisors, and trainers of the horse Burleson was riding at the time of the accident, Coach Scarlet. The complaint alleged that Coach Scarlet was “easily spooked, difficult to control, and too young to be ridden and trained at a time when the more mature horses such as the one being ridden by [appellant] were on the race track,” and that Coach Scarlet “was incapable of being ridden on the track at said time and place unless an additional horse and rider were utilized to properly control said young horse.”

The Los Angeles County Fair Association moved for summary judgment. Respondents joined in the motion. The motion was based on the…