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Owners of spooked horse entitled to summary judgment in negligence suit

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The Indiana Court of Appeals ruled Thursday that the owners of a horse that trampled a man after getting loose at the Marshall County 4-H Fairgrounds didn’t have reason to know the horse had any dangerous propensities prior to the accident. The court affirmed summary judgment in a negligence lawsuit on the issue.

John Einhorn, president of the 4-H Marshall County Horse & Pony Advisory Committee, was injured after he was trampled by Clu, a horse owned by Scott and Gretchen Johnson. Their daughter was riding Clu in the practice arena at the fairgrounds when he was spooked and bucked several times, throwing her off. When trying to calm the horse down, he took off. Einhorn saw Clu on the run and ended up in the horse’s path. Einhorn sustained severe injuries.

Einhorn received nearly $80,000 in medical benefits from Purdue University’s workers’ compensation carrier; he was working as an unpaid volunteer at the fair. He and his wife sued the Johnsons, Purdue University and the county 4-H Fair Association, alleging negligence. Purdue and the fair association are equine activity sponsors under Indiana law.

The trial court granted Purdue’s motion to dismiss and summary judgment motions filed by the defendants. In John Einhorn and Roxanne Einhorn v. Scott Johnson, Gretchen Johnson, Purdue University Board of Trustees, et al., 50A03-1303-CT-93, the Court of Appeals agreed with the Einhorns that John Einhorn was not Purdue’s employee, so he is not precluded from bringing the civil action against the university. He is not bound by the exclusivity provision of the Worker’s Compensation Act because he accepted medical payments from the school’s workers’ compensation carrier, Judge Edward Najam wrote.

But the judges agreed with the trial court that Purdue and the 4-H Fair Association are immune from liability under the Equine Activity Statute as a matter of law. The designated evidence shows Einhorn’s injuries stemmed from an inherent risk of equine activities. The judges also affirmed summary judgment for the Johnsons. Clu’s bucking under the circumstances isn’t evidence of a dangerous propensity as a matter of law and there’s no evidence he had ever shown a tendency to buck prior to the incident, so the Einhorns can’t show that the Johnsons breached a duty of care.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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