2. The actions or omissions of the Defendants resulted in the injuries sustained by Plaintiff at the MSU Pavilion located at 4301 Farm Lane, City of East Lansing, County of Ingham and State of Michigan.
5. Defendant MSU SUMMER SHOWCASE is a corporation with its principal place of business located at 1290 Anthony Hall, City of East Lansing, County of Ingham and State of Michigan.
6. Defendant A. KRISTINA BURKHART is an individual domiciled at 11304 S. County Line Road, City of Ottawa Lake and State of Michigan.
8. Defendant HOLLY BORDEAU is an individual domiciled at City of Jackson and State of Michigan.
9. Defendant ALLISON BISHOP is an individual domiciled in the City of Oxford and State of Michigan.
10. Defendant SKYE YELSKY WILLIAMS, a minor, is an individual domiciled at 4845 Som Center Road, City of Chagrin Falls and State of Ohio.
11. Defendant JUDY YELSKY is an individual domiciled at 4845 Som Center Road, City of Chagrin Falls and State of Ohio.
12. Defendant UNITED STATES EQUESTRIAN FEDERATION, INC. is a New York not-for-profit corporation, with its principal place of business located at 4047 Iron Works Parkway, in the City of Lexington and State of Kentucky.
14. At all relevant times hereto, Defendant CLASSICALA FARM, INC. was engaged in the business of breeding, training and/or boarding horses.
15. At all relevant times hereto, Defendants A. KRISTINA BURKHART and CLASSICALA FARM, INC. would enter and/or exhibit horses they bred, trained and/or boarded. Defendant CLASSICALA FARMS, INC. is a Michigan corporation with its principal place of business located at 11304 S. County Line Road, City of Ottawa Lake and State of Michigan.
16. At all relevant times hereto, Defendants A. KRISTINA BURKHART and CLASSICALA FARM, INC. marketed training, lessons and programs they provided for horses and riders to participate in various horse shows and competitions around the country.
17. At all relevant times hereto, Defendants A. KRISTINA BURKHART and CLASSICALA FARM, INC. entered riders they trained and/or instructed to participate in various horse shows and competitions around the country.
18. At all relevant times, Defendant A. KRISTINA BURKHART individually and d/b/a CLASSICALA FARM, INC. owned, A. Kalisto Baceo, a 9 year old mare.
19. Upon information and belief, the horse, A. Kalisto Baceo, has a history of unsafe and erratic behavior.
20. Upon information and belief, Defendant A. KRISTINA BURKHART knew, or reasonably should have known, the horse, A. Kalisto Baceo’s history of unsafe and erratic behavior.
25. At all relevant times, Defendant HOLLY BORDEAU and/or ALLISON BISHOP was an agent, servant and/or employee of A. KRISTINA BURKHART and CLASSICALA FARM, INC.
26. At all relevant times, Defendant HOLLY BORDEAU and/or ALLISON BISHOP was under the control, instruction, direction, supervision and authority of A. KRISTINA BURKHART and CLASSICALA FARM, INC.
27. That prior to July 8, 2010, Defendant HOLLY BORDEAU and/or ALLISON BISHOP as the duly authorized agent, servant and/or employee of A. KRISTINA BURKHART and
CLASSICALA FARM, INC. trained the abovementioned horse, A. Kalisto Baceo.
28. That prior to July 8, 2010, Defendant HOLLY BORDEAU and/or ALLISON BISHOP as the duly authorized agent, servant and/or employee of A. KRISTINA BURKHART and
CLASSICALA FARM, INC. trained and/or instructed the rider, SKYE YELSKY WILLIAMS, a minor.
29. That on July 8 through July 10, 2010, Defendant MSU SUMMER SHOWCASE was hosting a Horse Competition at the MSU Pavilion located at 4301 Farm Lane, City of East Lansing, County of Ingham and State of Michigan.
30. That prior to July 8, 2010, Defendant MSU SUMMER SHOWCASE required participants to fill out an entry form to participate in the Horse Competition at the MSU Pavilion located at 4301 Farm Lane, City of East Lansing, County of Ingham and State of Michigan.
32. On the MSU Summer Showcase entry form, Defendants A. KRISTINA BURKHART and CLASSICALA FARM, INC. were listed as owners of the horse, A. Kalisto Baceo in the Half-Arabian Hunter Pleasure JTR 13 and Under Class. See Exhibit A, attached.
33. On the MSU Summer Showcase entry form, Defendant HOLLY BORDEAU was listed as the rider, driver, or handler and trainer of the horse, A. Kalisto Baceo in the Half-Arabian Hunter Pleasure JTR 13 and Under Class. See Exhibit A, attached.
34. On the MSU Summer Showcase entry form, Defendant SKYE YELSKY WILLIAMS, a minor, was listed as an amateur rider, driver or handler of the horse, A. Kalisto Baceo in the Half-Arabian Hunter Pleasure JTR 13 and Under Class. See Exhibit A, attached.
35. On the MSU Summer Showcase entry form Defendant JUDY YELSKY signed as the parent of a minor rider, SKYE YELSKY WILLIAMS, for entry in the Half-Arabian Hunter Pleasure JTR 13 and Under Class. See Exhibit A, attached.
36. That on July 9, 2010, Defendants A. KRISTINA BURKHART, CLASSICALA FARMS, INC., HOLLY BORDEAU and/or ALLISON BISHOP, provided the riding equipment for the horse, A. Kalisto Baceo, which included the saddle and bridle.
37. That on July 9, 2010, prior to the Half-Arabian Hunter Pleasure JTR 13 and Under Class Defendant HOLLY BORDEAU and/or ALLISON BISHOP as a duly authorized agent, servant and/or employee of A. KRISTINA BURKHART and CLASSICALA FARM, INC., saddled and bridled the horse, A. Kalisto Baceo.
40. That on July 9, 2010, Defendant UNITED STATES EQUESTRIAN FEDERATION, INC., through its steward, was monitoring all entries, including A. Kalisto Baceo and his rider Defendant SKYE WILLIAMS YELSKY in the make-up ring prior to entering the arena.
41. That on July 9, 2010, Plaintiff DEBORAH L. CAIN was a judge at the MSU Summer Showcase for the Half-Arabian Hunter Pleasure JTR 13 and Under Class.
42. At the aforementioned time and place, during the Half-Arabian Hunter Pleasure JTR 13 and Under Class, rider SKYE YELSKY WILLIAMS, a minor, entered the arena riding A. Kalisto Baceo.
43. At the aforementioned time and place, Plaintiff DEBORAH L. CAIN noticed that the bit that was tacked on the horse, A. Kalisto Baceo, did not provide the rider adequate control over the horse.
44. Immediately when the horse entered the ring, Plaintiff DEBORAH L. CAIN noticed the horse, A. Kalisto Baceo tossing its head and the rider, SKYE YELSKY WILLIAMS unable to keep the horse safely under control.
45. At the aforementioned time and place, Plaintiff DEBORAH L. CAIN, asked the Ringmaster to stop the class so they could remove A. Kalisto Baceo and SKYE YELSKY WILLIAMS from the class because the rider was unable to safely control her entry.
48. As a direct and proximate result of these actions Plaintiff DEBORAH L. CAIN suffered both immediate and permanent injuries.
50. That it was then and there the duty of Defendant MSU SUMMER SHOWCASE to properly provide, supervise and assure that the horseback riding activity was being conducted in a safe and prudent manner.
51. Defendant MSU SUMMER SHOWCASE breached that duty in several ways, including, but not limited to:
b. Improperly allowed an inexperienced rider to participate in the competition on a horse with a history of unsafe and erratic behavior;
c. Failed to make reasonable and prudent efforts to ensure the rider participating in the competition was able to safely manage the particular horse so as not to injure other participants in the competition;
d. Failed to take necessary measures to provide for the safety of its judges including Plaintiff Deborah L. Cain; and
e. Was otherwise negligent.
WHEREFORE, Plaintiff DEBORAH L. CAIN respectfully prays that this Honorable Court award her compensatory damages, from Defendant MSU SUMMER SHOWCASE, which will fully and fairly compensate her for her injuries, losses and damages, in excess of $75,000.00, plus costs, interest, and other relief that is fair, just and equitable under the circumstances.
54. The conduct of the Defendant MSU SUMMER SHOWCASE in this case constitutes an exception to MCLA 691.1665 (Equine Activity Liability Act) pursuant to subsections (b) and (d).
56. MCLA 691.1665(d) provides that Section 3 of the Equine Activity Liability Act does not prevent or limit liability for one who commits a negligent act or omission that constitutes a proximate cause of the injury, death or damage.
58. Defendant MSU SUMMER SHOWCASE breached that duty in several ways, including, but not limited to:
b. Improperly allowed an inexperienced rider to participate in the competition on a horse with a history of unsafe and erratic behavior;
c. Failed to make reasonable and prudent efforts to ensure the rider participating in the competition was able to safely manage the particular horse so as not to injure other participants in the competition; and
d. Failed to take necessary measures to provide for the safety of its judges, including Plaintiff Deborah L. Cain; and
e. Was otherwise negligent.
COUNT IIIA. KRISTINA BURKHART – NEGLIGENCE
60. Plaintiff repeats and re-alleges Paragraphs 1 through 59 of this complaint as and for Paragraphs 1 through 59 of Count III as though fully set forth herein.
61. That it was then and there the duty of Defendant A. KRISTINA BURKHART to properly supervise and assure that their entries were being conducted in a safe and prudent manner.
62. Defendant A. KRISTINA BURKHART breached that duty in several ways, including, but not limited to:
a. Failed to provide appropriate and safe equipment to assure that the rider of the horse could properly/safely control the horse without unreasonable risk of harm and/or injury to others;
b. Provided riding equipment, namely the saddle and bit, which was faulty and/or improper;
c. Failing to properly adjust the saddle on the horse and/or failing to provide proper and safe equipment and tack;
d. Failed to place the proper bit on the horse to allow the rider to safely manage or control the horse;
e. Improperly placed a rider on a horse that the rider was unable to safely manage and control;
f. Improperly placed a rider on a horse she knew, or in the exercise of reasonable care should have known, had a history of unsafe and erratic behavior while being ridden;
g. Allowed a horse to enter the ring she knew, or in the exercise of reasonable care should had known, had a history of unsafe and erratic behavior; and
h. Was otherwise negligent.
65. The conduct of Defendant A. KRISTINA BURKHART in this case constitutes an exception to MCLA 691.1665 (Equine Activity Liability Act) pursuant to subsections (a), (b) and (d).
66. MCLA 691.1665(a) provides that Section 3 of the Equine Activity Liability Act does not prevent or limit liability for one who provides equipment or tack and knows or should have known that the equipment or tack is faulty, and the equipment or tack is faulty to the extent that it is a proximate cause of the injury, death or damage.
67. Upon information and belief, Defendant A. KRISTINA BURKHART provided a faulty saddle which loosened and slid under the horse, A. Kalisto Baceo, while SKYE YELSKY WILLIAMS was riding the horse and caused the horse to trample and injure Plaintiff, DEBORAH L. CAIN.
68. MCLA 691.1665(b) provides that Secton 3 of the Equine Activity Liability Act does not prevent or limit liability for one who provides an equine and fails to make reasonable prudent efforts to determine the ability of the participant to engage safely in the equine activity and to determine the ability of one participant to safely manage the particular equine.
69. Upon information and belief, Defendant A. KRISTINA BURKHART instructed the rider SKYE YELSKY WILLIAMS, a minor, to ride the horse, A. Balisto Baceo, who she was unable to safely control, and caused the horse to trample and injure Plaintiff DEBORAH L. CAIN.
70. MCLA 691.1665(d) provides that Section 3 of the Equine Activity Liability Act does not prevent or limit liability for one who commits a negligent act or omission that constitutes a proximate cause of the injury, death or damage.
71. Defendant A. KRISTINA BURKHART committed several negligent acts or omissions, including, but not limited to:
b. Provided riding equipment, namely the saddle and bit, which was faulty and/or improper;
c. Failing to properly adjust the saddle on the horse and/or failing to provide proper and safe equipment and tack;
d. Failed to place the proper bit on the horse to allow the rider to safely
g. Allowed a horse to enter the ring she knew, or in the exercise of reasonable care should had known, had a history of unsafe and erratic behavior; and
h. Was otherwise negligent.
b. Provided riding equipment, namely the saddle and bit, which was faulty and/or improper;
c. Failing to properly adjust the saddle on the horse and/or failing to provide proper and safe equipment and tack;
d. Failed to place the proper bit on the horse to allow the rider to safely manage or control the horse;
e. Improperly placed a rider on a horse that the rider was unable to safely manage and control;
f. Improperly placed a rider on a horse they knew, or in the exercise of reasonable care should have known, had a history of unsafe and erratic behavior while being ridden;
g. Allowed a horse to enter the ring they knew, or in the exercise of reasonable care should had known, had a history of unsafe and erratic behavior; and
h. Was otherwise negligent.
78. The conduct of Defendant CLASSICALA FARM, INC. in this case constitutes an exception to MCLA 691.1665 (Equine Activity Liability Act) pursuant to subsections (a), (b) and (d).
79. MCLA 691.1665(a) provides that Section 3 of the Equine Activity Liability Act does not prevent or limit liability for one who provides equipment or tack and knows or should have known that the equipment or tack is faulty, and the equipment or tack is faulty to the extent that it is a proximate cause of the injury, death or damage.
80. Upon information and belief, Defendant CLASSICALA FARM, INC. provided a faulty saddle which loosened and slid under the horse, A. Kalisto Baceo, while SKYE YELSKY WILLIAMS was riding the horse and caused the horse to trample and injure Plaintiff, DEBORAH L. CAIN.
81. MCLA 691.1665(b) provides that Secton 3 of the Equine Activity Liability Act does not prevent or limit liability for one who provides an equine and fails to make reasonable prudent efforts to determine the ability of the participant to engage safely in the equine activity and to determine the ability of one participant to safely manage the particular equine.
82. Upon information and belief, Defendant CLASSICALA FARM, INC. instructed the rider SKYE YELSKY WILLIAMS, a minor, to ride the horse, A. Balisto Baceo, who she was unable to safely control, and caused the horse to trample and injure Plaintiff DEBORAH L. CAIN.
83. MCLA 691.1665(d) provides that Section 3 of the Equine Activity Liability Act does not prevent or limit liability for one who commits a negligent act or omission that constitutes a proximate cause of the injury, death or damage.
84. Defendant CLASSICALA FARM, INC. committed several negligent acts or omissions, including, but not limited to:
b. Provided riding equipment, namely the saddle and bit, which was faulty and/or improper;
c. Failing to properly adjust the saddle on the horse and/or failing to provide proper and safe equipment and tack;
d. Failed to place the proper bit on the horse to allow the rider to safely manage or control the horse;
e. Improperly placed a rider on a horse that the rider was unable to safely manage and control;
f. Improperly placed a rider on a horse they knew, or in the exercise of reasonable care should have known, had a history of unsafe and erratic behavior while being ridden;
g. Allowed a horse to enter the ring they knew, or in the exercise of reasonable care should had known, had a history of unsafe and erratic behavior; and
h. Was otherwise negligent.
87. Defendant HOLLY BORDEAU owed the Plaintiff a duty to act with reasonable and due care under all circumstances.
88. Defendant HOLLY BORDEAU breached that duty in several ways, including, but not limited to:
b. Failing to properly adjust the saddle on the horse and/or failing to provide proper and safe equipment and tack;
c. Failed to place the proper bit on the horse to allow the rider to safely manage or control the horse;
d. Improperly placed a rider on a horse that the rider was unable to safely manage and control;
g. Was otherwise negligent.
WHEREFORE, Plaintiff DEBORAH L. CAIN respectfully prays that this Honorable Court award her compensatory damages, from Defendant HOLLY BORDEAU, which will fully and fairly compensate her for her injuries, losses and damages, in excess of $75,000.00, plus costs, interest and other relief that is fair, just and equitable under the circumstances.
91. The conduct of Defendant HOLLY BORDEAU in this case constitutes an exception to MCLA 691.1665 (Equine Activity Liability Act) pursuant to subsections (a), (b) and (d).
94. MCLA 691.1665(b) provides that Secton 3 of the Equine Activity Liability Act does not prevent or limit liability for one who provides an equine and fails to make reasonable prudent efforts to determine the ability of the participant to engage safely in the equine activity and to determine the ability of one participant to safely manage the particular equine.
95. Upon information and belief, Defendant HOLLY BORDEAU instructed the rider SKYE YELSKY WILLIAMS, a minor, to ride the horse, A. Balisto Baceo, who she was unable to safely control, and caused the horse to trample and injure Plaintiff DEBORAH L. CAIN.
96. MCLA 691.1665(d) provides that Section 3 of the Equine Activity Liability Act does not prevent or limit liability for one who commits a negligent act or omission that constitutes a proximate cause of the injury, death or damage.
97. Defendant HOLLY BORDEAU committed several negligent acts or omissions, including, but not limited to:
b. Failing to properly adjust the saddle on the horse and/or failing to provide proper and safe equipment and tack;
c. Failed to place the proper bit on the horse to allow the rider to safely manage or control the horse;
d. Improperly placed a rider on a horse that the rider was unable to safely manage and control;
f. Allowed a horse to enter the ring she knew, or in the exercise of reasonable care should had known, had a history of unsafe and erratic behavior; and
g. Was otherwise negligent.
100. Defendant ALLISON BISHOP owed the Plaintiff a duty to act with reasonable and due care under all circumstances.
101. Defendant ALLISON BISHOP breached that duty in several ways, including, but not limited to:
c. Failed to place the proper bit on the horse to allow the rider to safely manage or control the horse;
d. Improperly placed a rider on a horse that the rider was unable to safely manage and control;
e. Improperly placed a rider on a horse she knew, or in the exercise of reasonable care should have known, had a history of unsafe and erratic behavior while being ridden;
f. Allowed a horse to enter the ring she knew, or in the exercise of reasonable care should had known, had a history of unsafe and erratic behavior; and
g. Was otherwise negligent.
105. MCLA 691.1665(a) provides that Section 3 of the Equine Activity Liability Act does not prevent or limit liability for one who provides equipment or tack and knows or should have known that the equipment or tack is faulty, and the equipment or tack is faulty to the extent that it is a proximate cause of the injury, death or damage.
106. Upon information and belief, Defendant ALLISON BISHOP provided a faulty saddle which loosened and slid under the horse, A. Kalisto Baceo, while SKYE YELSKY WILLIAMS was riding the horse and caused the horse to trample and injure Plaintiff DEBORAH L. CAIN.
107. MCLA 691.1665(b) provides that Secton 3 of the Equine Activity Liability Act does not prevent or limit liability for one who provides an equine and fails to make reasonable prudent efforts to determine the ability of the participant to engage safely in the equine activity and to determine the ability of one participant to safely manage the particular equine.
108. Upon information and belief, Defendant ALLISON BISHOP instructed the rider SKYE YELSKY WILLIAMS, a minor, to ride the horse, A. Balisto Baceo, who she was unable to safely control, and caused the horse to trample and injure Plaintiff DEBORAH L. CAIN.
109. MCLA 691.1665(d) provides that Section 3 of the Equine Activity Liability Act does not prevent or limit liability for one who commits a negligent act or omission that constitutes a proximate cause of the injury, death or damage.
110. Defendant ALLISON BISHOP committed several negligent acts or omissions, including, but not limited to:
b. Failing to properly adjust the saddle on the horse and/or failing to provide proper and safe equipment and tack;
c. Failed to place the proper bit on the horse to allow the rider to safely manage or control the horse;
d. Improperly placed a rider on a horse that the rider was unable to safely manage and control;
e. Improperly placed a rider on a horse she knew, or in the exercise of reasonable care should have known, had a history of unsafe and erratic behavior while being ridden;
f. Allowed a horse to enter the ring she knew, or in the exercise of reasonable care should had known, had a history of unsafe and erratic behavior; and
g. Was otherwise negligent.
113. At all relevant times, SKYE YELSKY WILLIAMS, a minor, has a duty to manage and control the horse in a reasonably safe manner.
114. The Defendant breached that duty in several ways, including, but not limited to:
b. Improperly rode a horse she knew, or in the exercise of reasonable care should have known, had a history of unsafe and erratic behavior while being ridden; and
c. Was otherwise negligent.
117. The conduct of the Defendant SKYE YELSKY WILLIAMS, a minor, in this case constitutes an exception to MCLA 691.1665 (Equine Activity Liability Act) pursuant to subsection (d).
118. MCLA 691.1665(d) provides that Section 3 of the Equine Activity Liability Act does not prevent or limit liability for one who commits a negligent act or omission that constitutes a proximate cause of the injury, death or damage.
119. Defendant SKYE YELSKY WILLIAMS, a minor, committed several negligent acts or omissions, including, but not limited to:
b. Improperly rode a horse she knew, or in the exercise of reasonable care should have known, had a history of unsafe and erratic behavior while being ridden; and
c. Was otherwise negligent.
122. At all relevant times, Defendant JUDY YELSKY has a duty to manage and control the horse in a reasonably safe manner.
123. Defendant JUDY YELSKY breached that duty in several ways, including, but not limited to:
b. Improperly allowed her minor daughter to ride a horse she knew, or in the exercise of reasonable care should have known, had a history of unsafe and erratic behavior while being ridden; and
126. That it was then and there the duty of Defendant UNITED STATES EQUESTRIAN FEDERATION through its steward, which is its duly authorized agent, servant, and/or employee to remove a horse who exhibits inappropriate or dangerous behavior or whose actions would in any way threaten the safety of any exhibitor, their entries, or the class officials.
127. Defendant UNITED STATES EQUESTRIAN FEDERATION breached that duty in several ways, including, but not limited to:
b. Improperly allowed an inexperienced rider to participate in the competition on a horse who showed unsafe and erratic behavior in the make-up ring immediately prior to entering the stadium arena, to remain in the competition; and
c. Was otherwise negligent.
130. The conduct of the Defendant UNITED STATES EQUESTRIAN FEDERATION in this case constitutes an exception to MCLA 691.1665 (Equine Activity Liability Act) pursuant to subsections (b) and (d).
131. MCLA 691.1665(d) provides that Section 3 of the Equine Activity Liability Act does not prevent or limit liability for one who commits a negligent act or omission that constitutes a proximate cause of the injury, death or damage.
132. That it was then and there the duty of Defendant UNITED STATES EQUESTRIAN FEDERATION through its steward, which is its duly authorized agent, servant, and/or employee to remove a horse who exhibits inappropriate or dangerous behavior or whose actions would in any way threaten the safety of any exhibitor, their entries, or the class officials.
133. Defendant UNITED STATES EQUESTRIAN FEDERATION breached that duty in several ways, including, but not limited to:
c. Was otherwise negligent.