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Auckenthaler v. Grundmeyer
Nevada Supreme Court
110 Nev. 682, 877 P.2d 1039 (1994)
Lori Auckenthaler (plaintiff) was on a recreational horse ride with Steven Grundmeyer (defendant) and Jody White (defendant). White’s horse, named Bum, was antsy and nervous and had been trying to kick other horses. Bum, on loan to White from Grundmeyer, had recently been gelded. Bum kicked at Auckenthaler’s horse, hitting Auckenthaler’s leg and injuring Auckenthaler. Auckenthaler sued, arguing that White was negligent for riding a temperamental, dangerous horse and that Grundmeyer was negligent for supplying a horse known to be aggressive and anxious. Grundmeyer and White moved for summary judgment, arguing that Auckenthaler assumed the risk and that Grundmeyer and White had neither intentionally nor recklessly caused the accident. The trial court agreed with Grundmeyer and White, citing case law that in recreational activities, participants were held only to a standard of no intentional or reckless behavior. Auckenthaler appealed.
Rule of Law
Holding and Reasoning (Per curiam)
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