Gadd v. Warwick
339 Ga. App. 802
| Ga. Ct. App. | 2016Background
- Joseph Gadd, a 19-year-old camp counselor and experienced rider, was injured when a leased horse "Greg" jumped a small stream, reared, and fell on him during a staff trail ride at a summer camp.
- Warwick leased horses to the camp under a contract requiring provision of horses "appropriate for children ages 7-16" and replacement of any deemed inappropriate within 48 hours.
- Warwick supplied the horses to the camp; the camp's equestrian supervisor assigned Gadd to Greg on the day of the incident.
- Gadd sued Warwick for negligence and wilful and wanton misconduct, alleging violations of the Equine Act exceptions to immunity (OCGA § 4-12-3(b)(1)(B) and (b)(4)).
- Warwick moved for summary judgment based on immunity under Georgia’s Injuries From Equine or Llama Activities Act; the trial court granted summary judgment and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OCGA § 4-12-3(b)(1)(B) (provider failed to determine participant ability) applies | Gadd: Warwick provided the horse and should have determined Gadd's ability to safely manage Greg | Warwick: Warwick provided horses to the camp, not directly to Gadd; camp assigned the rider, so exception doesn't apply | Court: Exception inapplicable because Warwick provided the horse to the camp and had no direct opportunity to assess Gadd |
| Whether OCGA § 4-12-3(b)(4) (willful/wanton misconduct) applies | Gadd: Warwick’s acts/omissions (age, pedigree, training, conditioning) show willful or wanton disregard | Warwick: Evidence at most shows negligence; no prior incidents or knowledge to support willful/wanton conduct | Court: No genuine issue of willful/wanton conduct; expert opinions show negligence only, so immunity stands |
| Whether hearsay (uncorroborated staff statement about prior bucking) creates genuine issue | Gadd: Staff testimony indicated prior bucking incident | Warwick: Statement is hearsay and inadmissible; not reported to Warwick | Court: Testimony was inadmissible hearsay and cannot create a factual dispute |
| Whether expert opinions about horse fitness defeat summary judgment | Gadd: Experts opined horse was "green," poorly conditioned and unsuitable for beginners | Warwick: Even if true, such evidence shows negligence, not willful/wanton conduct required to overcome immunity | Court: Expert opinions insufficient to raise willful/wanton dispute; summary judgment affirmed |
Key Cases Cited
- Holcomb v. Long, 329 Ga. App. 515 (2014) (Equine Act creates broad immunity with narrowly defined exceptions)
- Adams v. Hare, 244 Ga. App. 605 (2000) (definition and standard for willful and wanton conduct under Equine Act)
- Home Builders Assn. v. Chatham County, 276 Ga. 243 (2003) (summary judgment standard; review de novo)
- Savage v. KGE Assocs., 260 Ga. App. 770 (2003) (hearsay inadmissibility in opposing summary judgment)
- Seed v. Smith & Woods Mgmt. Corp., 242 Ga. App. 395 (2000) (statements by unidentified witnesses are inadmissible hearsay)