Missouri Court of Appeals, Western District / Nov 26, 2019
Heather Rosales vs. Benjamin Equestrian Center, LLC
Heather Rosales was injured at Benjamin Equestrian Center's horserace track when a horse reared up and fell on her. She sued Benjamin for negligence, and a jury found in her favor. On appeal, Benjamin argued that it was immune under the Equine Activities Liability Act and that Rosales's claim was barred by the implied primary assumption of risk doctrine. The appellate court affirmed the judgment, holding that Benjamin's negligence enhanced the inherent risks of equine activity, thus negating its statutory immunity and precluding the application of the assumption of risk doctrine.