Brenda Young v. Tisa McKim and Jacqueline McKim
373 S.W.3d 776
Tex. App.2012Background
- Young sued after Jasper kicked her at Ravensway Stables while being cared for by Young under McKim supervision.
- Jasper was a rescue horse, previously malnourished and gelded before transfer to the McKims.
- Young operated an independent horse-care business at Ravensway, caring for Jasper and others on an as-needed basis, paid per feeding and stall cleaning.
- McKim provided specific feeding instructions; Jasper’s weight was still deficient upon arrival, but he reportedly behaved well after adoption.
- The McKims sought traditional summary judgment based on the Equine Act immunity; the trial court granted it; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Equine Act immunity applicability and exceptions. | Young argues she was not a participant; exceptions may apply to defeat immunity. | McKims contend Young was a participant and exceptions do not negate immunity. | Immunity applies; no material fact issue on exceptions; judgment affirmed. |
Key Cases Cited
- Loftin v. Lee, 341 S.W.3d 352 (Tex. 2011) (expansive view of ‘inherent risk’ under the Equine Act)
- Dodge v. Durdin, 187 S.W.3d 523 (Tex. App.—Houston [1st Dist.] 2005) (statutory history suggesting limited immunity for consumers)
- Johnson v. Smith, 88 S.W.3d 729 (Tex. App.—Corpus Christi 2002) (independent contractor status under right-of-control analysis)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standards for reviewing summary judgment decisions)
- Haase v. Glazner, 62 S.W.3d 795 (Tex. 2001) (summary-judgment burden and procedure)