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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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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