Swigart
Swigart v. Bruno
Opinion
Lead Opinion
Aaron, J.
*532 Plaintiff Kathleen S. Swigart and defendant Carl Bruno participated in an organized endurance horseback riding event in Perris, together with approximately 47 other riders. Somewhat less than two hours into the 50-mile course, seven riders, including Swigart and Bruno, were stopping together, single-file, on the trail. Swigart was in the lead and had dismounted at a required checkpoint along the course. Although the evidence is in dispute as to exactly what happened at this point, there is no dispute that Bruno's horse struck Swigart while she was standing on the ground, injuring her. Swigart sued Bruno, alleging causes of action for negligence, reckless or intentional misconduct, and having an animal with a dangerous propensity.
The trial court granted Bruno's motion for summary judgment. After independently reviewing the record, we conclude that the doctrine of primary assumption of risk bars Swigart's cause of action for negligence, and that Swigart did not meet her burden of establishing a genuine issue of material fact as to Bruno's alleged recklessness or Bruno's horse's alleged propensity for danger. Accordingly, we affirm the judgment.