Dan Lang v. Malibu Riding & Tennis Club, et al.
Published: Feb. 1, 1997 | Result Date: Jan. 17, 1996 | Filing Date: Jan. 1, 1900 |Case number: SC034873 Bench Decision – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Garry S. Malin
(Law Offices of Garry S. Malin)
Defendant
Experts
Plaintiff
James Wyllie
(technical)
Facts
On Aug. 6, 1994, plaintiff Dan Lang, a 34-year-old self-employed architect, was taking English horseback riding lessons from defendant horse trainer Dwight Fitzgerald, an independent contractor at defendant Malibu Riding & Tennis Club. During a lesson, the plaintiff was sitting on the horse while receiving individual instruction from the defendant trainer on proper position and technique. The plaintiff either lost his balance on the horse, or the horse spooked and suddenly thrust its head back into the plaintiff's mouth. The plaintiff brought this action against the defendants based on negligence, premises liability, negligent hiring and training and respondeat superior theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $49,999 reduced to $40,000 then to $15,000. The defendant made a C.C.P. º998 offer of compromise for $2,501.
Specials in Evidence
$1,634 (per the plaintiff) or $8,000 (per the defendant) $11,230 (per the plaintiff), $14,000 (per the defendant)
Injuries
The plaintiff alleged he suffered the loss of his upper front teeth and sustained lacerations to his mouth and lips, requiring a temporary bridge and dental implant surgery.
Other Information
The decision was rendered approximately two years after the case was filed. An arbitration was held on Jan. 8, 1996, before Lawrence Rothstein, resulting in a defense award. The plaintiff's case against the defendant horse trainer (in pro per) is proceeding to trial.
Poll
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