United States District Court, District of Maine
On July 30, 2006, during a horseback riding lesson at Camp Laurel in Mount Vernon, Maine, twelve-year old Samantha Zuckerman sustained injuries when she fell from Tinkerbell, the pony she was riding. Claiming negligence, Samantha, through her mother, Roberta Zuckerman, sued Coastal Camps, Inc., doing business as Camp Laurel, seeking damages for personal injuries. Samantha alleges that her instructors improperly saddled Tinkerbell and as a result, her saddle slipped causing her to fall. Camp Laurel moved for summary judgment. Def’s Motion for Summary J. (Docket #26) (Def.’s Mot.).
On March 1, 2010, the United States Magistrate Judge filed her Recommended Decision on Camp Laurel’s motion recommending that the Court deny Camp Laurel’s motion.Recommended Decision on Motion for Summary Judgment (Docket # 38) (Rec. Dec.). Camp Laurel objected and Samantha responded. Def.’s Obj. to Report of Recommendation (Docket # 39) (Def’s Obj.); Pl.’s Resp. to Def’s Obj. to the Report and Rec. Dec. on Def’s Mot. for Summary J. with Incorporated Mem. of Law(Docket # 40) (Pl.’s Resp.). After review and consideration of the Recommended Decision, together with the entire record, the Court has made a de novo determination of all matters adjudicated by the Magistrate Judge. For the reasons in the Recommended Decision and in this affirmance, the Court affirms the Recommended Decision and denies Camp Laurel’s Motion for Summary Judgment.