Erikson

Erikson v. Nunnink

Bad Law
120 Cal. Rptr. 3d 90·191 Cal. App. 4th 826·2011 Cal. App. LEXIS 29
Court of Appeal of CaliforniaJanuary 10, 2011No. E049392California13,309 words

Opinion

Lead Opinion

King, J.

*830 Opinion

I. INTRODUCTION

Plaintiffs and appellants Karan and Stan Eriksson were the parents of Mia Eriksson. 1 Mia was an avid horse rider and equestrian competitor. Defendant and respondent Kristi Nunnink was Mia’s riding coach. In November 2006, Mia participated in an equestrian competition at Galway Downs (Galway) in Temecula. She was 17 years old at the time. Although Mia’s horse was recently injured in another competition, Nunnink persuaded Mia’s mother, Karan, that the horse was fit to ride in the Galway event. Based on Nunnink’s representations, Karan allowed Mia to compete. During the cross-country portion of the competition, Mia’s horse tripped over a hurdle. With the Erikssons looking on, Mia fell off the horse and the horse fell on Mia, causing Mia’s death.

The Erikssons sued Nunnink for wrongful death and negligent infliction of emotional distress. They alleged that Nunnink “increased the risk [of harm] reasonably assumed by” Mia when she allowed Mia to ride a horse that “was unfit to ride because of prior falls and lack of practice” and concealed this condition from the Erikssons. Nunnink moved for summary judgment, which the trial court granted. After the…

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