Facts

Barbara Manning, an experienced equestrian trainer, was walking with a student as the student walked a pony named Rosie into her paddock. She walked a few feet behind the animal and ended up getting kicked in the midsection and mouth when Rosie was provoked by a larger horse. She was knocked unconscious and claimed injuries to her liver and teeth.

Defendants filed a motion for summary judgment.

PLAINTIFF'S CONTENTIONS:
Manning sued Doug Hutten, Rosie's owner, and Victory Ranch, the non-profit organization owned by Hutten, for strict liability and negligence. She alleged that defendants knew of Rosie's dangerous propensities based on a prior kicking incident and that she was not warned about the pony's dangerous propensity.

DEFENDANTS' CONTENTIONS:
Defendants denied liability and contended that Manning, who had 50 years of equestrian experience prior to getting kicked, should have known to stay out of the pony's "kick zone" as they walked back to the paddock. Defendants also alleged that the kick was not the result of Rosie's "dangerous propensity," but was a normal behavior of a horse.

Damages

Manning claimed $700,000 for past medical costs and damages for pain and suffering.

Injuries

Manning was knocked unconscious as a result of Rosie's kick. She was airlifted from the scene to the emergency room. She sustained a Grade 3 liver laceration, some broken teeth, and was in a coma for three weeks. She underwent a lapendectomy to repair her liver, and followed up with home rehabilitation. Manning claimed that she was now left with a permanent scar, and will require future dental care to address her teeth. She also missed work following the surgery.

Result

The court granted defendants' motion for summary judgment and dismissed the action.