Giardino

Daryle Ann Giardino, mother and guardian ad litem of minor Meghann Giardino (interchangeably plaintiff), appeals following summary judgment for defendant Bart Brown doing business as Yosemite Equestrian Services, Inc. (YES). Plaintiff was seriously injured while at Girl Scout camp and claims that YES was at least partially liable because it supplied to the camp a horse, Quarter, inappropriate for inexperienced riders like plaintiff. Finding no bar by the doctrine of assumption of the risk and that a material issue of fact exists, we shall reverse the summary judgment.

Procedural History

The complaint

The gravamen of plaintiff’s operative first amended complaint, relating to YES, was that defendants “negligently furnished to plaintiff a horse for instruction which was dangerous and not suited for Plaintiff’s skill level. Defendants knew or should have known of such dangerous propensity and that the horse was unsuitable for Plaintiff, as an inexperienced equestrian,[ ] and yet defendants negligently furnished such horse to plaintiff without warning Plaintiff of such propensity.” She allegedly was an “inexperienced and unskilled rider, incapable of riding any horse other…