Court Reviews Immunity from Liability under the Tennessee Equine Activities Act

KERRY JORDAN v. YMCA OF MIDDLE TENNESSEE, ET AL. (Tenn. Ct. App. October 1, 2010)

A young woman was thrown from a horse at a camp operated by the YMCA of Middle Tennessee, breaking her arm. Unbeknownst to the woman, the same horse had thrown two experienced riders ten days earlier. She filed a suit for negligence against the YMCA and the camp, alleging that their employees and volunteers knew the horse to be dangerous, but that they nonetheless failed to ascertain whether she was sufficiently experienced to handle such an animal. The defendants filed a motion for summary judgment, claiming that they were immune from liability under the provisions of the Equine Activities Act, Tenn. Code Ann. section 44-20-101 et seq. The trial court granted the motion. We reverse.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2010/jordank_100110.pdf