Molly Machold with the help of Jamie Mayrose obtained complete summary judgment in favor of their client, a horse boarding stable in Cave Creek Arizona. Plaintiff sought damages against the stable for personal injuries when her horse stepped on her ankle. Plaintiff alleged that in allowing children to roam free in the boarding area, the stable created a hazardous condition which resulted in her injuries.
Machold and Mayrose made several arguments, including that Plaintiff’s claim was precluded by a signed release and also precluded by Arizona’s Equine Activity statute. The Court agreed that the action was precluded because Arizona’s Equine Activity statute, A.R.S. §12-553 (C), applied. The statute provides immunity to horse stables for horse related injuries unless a hazardous condition exists. The Court specifically found that the presence of children at the stable was not a hazardous condition, especially considering that Plaintiff invited the child at issue into her horse’s stall.