No. 1:11-CV-1014
SECOND AMENDED COMPLAINT
Plaintiff, DEBORAH L. CAIN, by and through her attorneys, Mark A. LaRose, Joseph A. Bosco and LAROSE & BOSCO, LTD. and for her Complaint against Defendants MSU SUMMER SHOWCASE, a Michigan corporation, A. KRISTINA BURKHART, an individual, CLASSICALA FARM, INC., a Michigan corporation, HOLLY BORDEAU, an individual, ALLISON BISHOP, an individual, JUDY YELSKY, an individual, SKYE YELSKY WILLIAMS, a minor, and UNITED STATES EQUESTRIAN FEDERATION, INC. and states as follows:
I. JURISDICTION AND VENUE
1. This court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(a) because there is complete diversity of citizenship and the amount in controversy is in excess of $75,000.00.
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.
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.
3. Venue in this judicial District is proper pursuant to 28 U.S.C. § 1391(a), in that all or substantially all of the acts or omissions that give rise to the claims in this action occurred in this District.
II. PARTIES
4. Plaintiff DEBORAH L. CAIN is an individual domiciled at 4133 E. Countryview Drive, City of Byron and State of Illinois.
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.
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.
7. 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.
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.
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.
III. COMMON ALLEGATIONS
13. At all relevant times hereto, Defendant A. KRISTINA BURKHART owned, operated, maintained, controlled, supervised and managed CLASSICALA FARM, INC.
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.
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.
21. Upon information and belief, Defendant CLASSICALA FARM, INC. knew, or reasonably should have known, the horse, A. Kalisto Baceo’s history of unsafe and erratic behavior.
22. Upon information and belief, Defendant HOLLY BORDEAU and/or ALLISON BISHOP knew, or reasonably should have known, the horse, A. Kalisto Baceo’s history of unsafe and erratic behavior.
23. Upon information and belief, Defendant SKYE YELSKY WILLIAMS knew, or reasonably should have known, the horse, A. Kalisto Baceo’s history of unsafe and erratic behavior.
24. Upon information and belief, Defendant JUDY YELSKY 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.
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.
31. That prior to July 8, 2010, Defendants A. KRISTINA BURKHART, individually and d/b/a CLASSICALA FARM, INC., HOLLY BORDEAU, and SKYE YELSKY WILLIAMS, a minor, entered into the Half-Arabian Hunter Pleasure JTR 13 and Under Class of the MSU Summer Showcase competition.
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.
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.
38. That on July 9, 2010, Defendant SKYE YELSKY WILLIAMS, a minor, was riding the horse, A. Kalisto Baceo in the Half-Arabian Hunter Pleasure JTR 13 and Under Class.
39. That on July 9, 2010, Defendant SKYE YELSKY WILLIAMS, a minor, was having trouble handling and/or controlling the horse, A. Kalisto Baceo, in the make-up ring prior to the Half-Arabian Hunter Pleasure JTR 13 and Under Class.
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.
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.
46. As the horse came to a stop the saddle slipped under the horse and caused the rider to fall off the horse.
47. Once the saddle slipped under the horse, the horse bolted and ran at Plaintiff DEBORAH L. CAIN, knocking her to the ground and causing the horse’s left hind hoof to hit Plaintiff’s face, and injuring her face, back, right hip and leg.
48. As a direct and proximate result of these actions Plaintiff DEBORAH L. CAIN suffered both immediate and permanent injuries.
48. As a direct and proximate result of these actions Plaintiff DEBORAH L. CAIN suffered both immediate and permanent injuries.
COUNT I
MSU SUMMER SHOWCASE – NEGLIGENCE
49. Plaintiff repeats and re-alleges Paragraphs 1 through 48 of this complaint as and for Paragraphs 1 through 48 of Count I as though fully set forth herein.
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:
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:
a. Improperly allowed a horse with a history of unsafe and erratic behavior to participate in the competition;
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.
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.
52. As a direct and proximate result of one or more of the foregoing negligent acts and/or omissions of Defendant MSU SUMMER SHOWCASE, Plaintiff DEBORAH L. CAIN was caused to sustain serious and permanent injuries; has been disfigured; has endured and will in the future endure pain and suffering; and has incurred and will in the future incur expenses for medical care.
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.
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.
COUNT II
MSU SUMMER SHOWCASE– EQUINE ACTIVITY LIABILITY ACT
53. Plaintiff repeats and re-alleges Paragraphs 1 through 52 of this complaint as and for Paragraphs 1 through 52 of Count II as though fully set forth herein.
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).
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).
55. 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.
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.
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.
57. 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.
58. Defendant MSU SUMMER SHOWCASE breached that duty in several ways, including, but not limited to:
58. Defendant MSU SUMMER SHOWCASE breached that duty in several ways, including, but not limited to:
a. Improperly allowed a horse with a history of unsafe and erratic behavior to participate in the competition;
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.
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.
59. As a direct and proximate result of one or more of the foregoing negligent acts and/or omissions of Defendant MSU SUMMER SHOWCASE, Plaintiff DEBORAH L. CAIN was caused to sustain serious and permanent injuries; has been disfigured; has endured and will in the future endure pain and suffering; and has incurred and will in the future incur expenses for medical care.
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.
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.
63. As a direct and proximate result of one or more of the foregoing negligent acts and/or omissions of Defendant A. KRISTINA BURKHART, Plaintiff DEBORAH L. CAIN was caused to sustain serious and permanent injuries; has been disfigured; has endured and will in the future endure pain and suffering; and has incurred and will in the future incur expenses for medical care.
WHEREFORE, Plaintiff DEBORAH L. CAIN respectfully prays that this Honorable Court award her compensatory damages, from Defendant A. KRISTINA BURKHART, 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.
COUNT IV
A. KRISTINA BURKHART– EQUINE ACTIVITY LIABILITY ACT
64. Plaintiff repeats and re-alleges Paragraphs 1 through 63 of this complaint as and for Paragraphs 1 through 63 of Count IV as though fully set forth herein.
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:
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:
a. Failed to provide appropriate and safely adjust 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
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
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.
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.
72. As a direct and proximate result of one or more of the foregoing negligent acts and/or omissions of Defendant A. KRISTINA BURKHART, Plaintiff DEBORAH L. CAIN was caused to sustain serious and permanent injuries; has been disfigured; has endured and will in the future endure pain and suffering; and has incurred and will in the future incur expenses for medical care.
WHEREFORE, Plaintiff DEBORAH L. CAIN respectfully prays that this Honorable Court award her compensatory damages, from Defendant A. KRISTINA BURKHART, 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.
COUNT V
CLASSICALA FARM, INC. – NEGLIGENCE
73. Plaintiff repeats and re-alleges Paragraphs 1 through 72 of this complaint as and for Paragraphs 1 through 72 of Count V as though fully set forth herein.
74. That it was then and there the duty of Defendant CLASSICALA FARM, INC. to properly supervise and assure that the exhibiting of the horse was being conducted in a safe and prudent manner.
75. Defendant CLASSICALA FARM, INC. breached that duty in several ways, including, but not limited to:
a. Failed to provide appropriate and safely adjust 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 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.
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.
76. As a direct and proximate result of one or more of the foregoing negligent acts and/or omissions of Defendant CLASSICALA FARM, INC., Plaintiff DEBORAH L. CAIN was caused to sustain serious and permanent injuries; has been disfigured; has endured and will in the future endure pain and suffering; and has incurred and will in the future incur expenses for medical care.
WHEREFORE, Plaintiff DEBORAH L. CAIN respectfully prays that this Honorable Court award her compensatory damages, from Defendant CLASSICALA FARM, INC., 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.
COUNT VI
CLASSICALA FARM, INC. – EQUINE ACTIVITY LIABILITY ACT
77. Plaintiff repeats and re-alleges Paragraphs 1 through 76 of this complaint as and for Paragraphs 1 through 76 of Count VI as though fully set forth herein.
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:
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:
a. Failed to provide appropriate and safely adjust 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 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.
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.
85. As a direct and proximate result of one or more of the foregoing negligent acts and/or omissions of Defendant CLASSICALA FARM, INC., Plaintiff DEBORAH L. CAIN was caused to sustain serious and permanent injuries; has been disfigured; has endured and will in the future endure pain and suffering; and has incurred and will in the future incur expenses for medical care.
WHEREFORE, Plaintiff DEBORAH L. CAIN respectfully prays that this Honorable Court award her compensatory damages, from Defendant CLASSICALA FARM, INC., 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.
COUNT VII
HOLLY BORDEAU – NEGLIGENCE
86. Plaintiff repeats and re-alleges Paragraphs 1 through 85 of this complaint as and for Paragraphs 1 through 85 of Count VII as though fully set forth herein.
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:
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:
a. Provided riding equipment, namely the saddle and bit, which was faulty and/or improper;
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;
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.
g. Was otherwise negligent.
89. As a direct and proximate result of one or more of the foregoing negligent acts and/or omissions of Defendant HOLLY BORDEAU, plaintiff DEBORAH L. CAIN was caused to sustain serious and permanent injuries; has been disfigured; has endured and will in the future endure pain and suffering; and has incurred and will in the future incur expenses for medical care.
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.
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.
COUNT VIII
HOLLY BORDEAU – EQUINE ACTIVITY LIABILITY ACT
90. Plaintiff repeats and re-alleges Paragraphs 1 through 89 of this complaint as and for Paragraphs 1 through 89 of Count VIII as though fully set forth herein.
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).
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).
92. 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.
93. Upon information and belief, Defendant HOLLY BORDEAU 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.
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:
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:
a. Provided riding equipment, namely the saddle and bit, which was faulty and/or improper;
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;
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.
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.
98. As a direct and proximate result of one or more of the foregoing negligent acts and/or omissions of Defendant HOLLY BORDEAU, Plaintiff DEBORAH L. CAIN was caused to sustain serious and permanent injuries; has been disfigured; has endured and will in the future endure pain and suffering; and has incurred and will in the future incur expenses for medical care.
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.
COUNT IX
ALLISON BISHOP – NEGLIGENCE
99. Plaintiff repeats and re-alleges Paragraphs 1 through 98 of this complaint as and for Paragraphs 1 through 98 of Count IX as though fully set forth herein.
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:
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:
a. Provided riding equipment, namely the saddle and bit, which was faulty and/or improper;
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.
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.
102. As a direct and proximate result of one or more of the foregoing negligent acts and/or omissions of Defendant ALLISON BISHOP, plaintiff DEBORAH L. CAIN was caused to sustain serious and permanent injuries; has been disfigured; has endured and will in the future endure pain and suffering; and has incurred and will in the future incur expenses for medical care.
WHEREFORE, Plaintiff DEBORAH L. CAIN respectfully prays that this Honorable Court award her compensatory damages, from Defendant ALLISON BISHOP, 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.
COUNT X
ALLISON BISHOP – EQUINE ACTIVITY LIABILITY ACT
103. Plaintiff repeats and re-alleges Paragraphs 1 through 102 of this complaint as and for Paragraphs 1 through 102 of Count X as though fully set forth herein.
104. The conduct of Defendant ALLISON BISHOP in this case constitutes an exception to MCLA 691.1665 (Equine Activity Liability Act) pursuant to subsections (a), (b) and (d).
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:
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:
a. Provided riding equipment, namely the saddle and bit, which was faulty and/or improper;
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.
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.
111. As a direct and proximate result of one or more of the foregoing negligent acts and/or omissions of Defendant ALLISON BISHOP, Plaintiff DEBORAH L. CAIN was caused to sustain serious and permanent injuries; has been disfigured; has endured and will in the future endure pain and suffering; and has incurred and will in the future incur expenses for medical care.
WHEREFORE, Plaintiff DEBORAH L. CAIN respectfully prays that this Honorable Court award her compensatory damages, from Defendant ALLISON BISHOP, 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.
COUNT XI
SKYE YELSKY WILLIAMS – NEGLIGENCE
112. Plaintiff repeats and re-alleges Paragraphs 1 through 111 of this complaint as and for Paragraphs 1 through 111 of Count XI as though fully set forth herein.
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:
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:
a. Improperly rode a horse she was unable to safely manage and control;
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.
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.
115. As a direct and proximate result of one or more of the foregoing negligent acts and/or omissions of Defendant SKYE YELSKY WILLIAMS, a minor, Plaintiff DEBORAH L. CAIN was caused to sustain serious and permanent injuries; has been disfigured; has endured and will in the future endure pain and suffering; and has incurred and will in the future incur expenses for medical care.
WHEREFORE, Plaintiff DEBORAH L. CAIN respectfully prays that this Honorable Court award her compensatory damages, from Defendant SKYE YELSKY WILLIAMS, a minor, 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.
COUNT XII
SKYE YELSKY WILLIAMS – EQUINE ACTIVITY LIABILITY ACT
116. Plaintiff repeats and re-alleges Paragraphs 1 through 115 of this complaint as and for Paragraphs 1 through 115 of Count XII as though fully set forth herein.
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:
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:
a. Improperly rode a horse she was unable to safely manage and control;
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.
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.
120. As a direct and proximate result of one or more of the foregoing negligent acts and/or omissions of Defendant SKYE YELSKY WILLIAMS, a minor, Plaintiff DEBORAH L. CAIN was caused to sustain serious and permanent injuries; has been disfigured; has endured and will in the future endure pain and suffering; and has incurred and will in the future incur expenses for medical care.
WHEREFORE, Plaintiff DEBORAH L. CAIN respectfully prays that this Honorable Court award her compensatory damages, from Defendant SKYE YELSKY WILLIAMS, a minor, 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.
COUNT XIII
JUDY YELSKY– NEGLIGENCE
121. Plaintiff repeats and re-alleges Paragraphs 1 through 120 of this complaint as and for Paragraphs 1 through 120 of Count XIII as though fully set forth herein.
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:
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:
a. Improperly allowed her minor daughter to ride a horse when she knew, or in the exercise of reasonable care should have known, she was unable to safely manage and control;
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
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
c. Was otherwise negligent.
124. As a direct and proximate result of one or more of the foregoing negligent acts and/or omissions of Defendant JUDY YELSKY, Plaintiff DEBORAH L. CAIN was caused to sustain serious and permanent injuries; has been disfigured; has endured and will in the future endure pain and suffering; and has incurred and will in the future incur expenses for medical care.
WHEREFORE, Plaintiff DEBORAH L. CAIN respectfully prays that this Honorable Court award her compensatory damages, from Defendant JUDY YELSKY, 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.
COUNT XIV
UNITED STATES EQUESTRIAN FEDERATION, INC. – NEGLIGENCE
125. Plaintiff repeats and re-alleges Paragraphs 1 through 124 of this complaint as and for Paragraphs 1 through 124 of Count XIV as though fully set forth herein.
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:
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:
a. Improperly allowed a horse who showed unsafe and erratic behavior in the make-up ring immediately before entering the stadium arena, to remain in the competition;
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.
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.
128. As a direct and proximate result of one or more of the foregoing negligent acts and/or omissions of Defendant UNITED STATES EQUESTRIAN FEDERATION, Plaintiff DEBORAH L. CAIN was caused to sustain serious and permanent injuries; has been disfigured; has endured and will in the future endure pain and suffering; and has incurred and will in the future incur expenses for medical care.
WHEREFORE, Plaintiff DEBORAH L. CAIN respectfully prays that this Honorable Court award her compensatory damages, from Defendant UNITED STATES EQUESTRIAN FEDERATION, 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.
COUNT XV
UNITED STATES EQUESTRIAN FEDERATION, INC. – EQUINE ACTIVITY LIABILITY ACT
129. Plaintiff repeats and re-alleges Paragraphs 1 through 128 of this complaint as and for Paragraphs 1 through 128 of Count XV as though fully set forth herein.
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:
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:
a. Improperly allowed a horse who showed unsafe and erratic behavior in the make-up ring immediately before entering the stadium arena, to remain in the competition;
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.
c. Was otherwise negligent.
134. As a direct and proximate result of one or more of the foregoing negligent acts and/or omissions of Defendant UNITED STATES EQUESTRIAN FEDERATION, Plaintiff DEBORAH L. CAIN was caused to sustain serious and permanent injuries; has been disfigured; has endured and will in the future endure pain and suffering; and has incurred and will in the future incur expenses for medical care.
WHEREFORE, Plaintiff DEBORAH L. CAIN respectfully prays that this Honorable Court award her compensatory damages, from Defendant UNITED STATES EQUESTRIAN FEDERATION, 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.
Respectfully submitted,
Joseph A. Bosco (P64266)
One of the Attorneys for Plaintiff
