Penunuri v. Sundance Partners, Ltd.
2011 UT App 183
Utah Ct. App.2011Background
- Penunuri joined Sundance's guided horseback ride; guide front, Penunuri last, eight-year-old in front; delays caused by the eight-year-old's horse led to gaps in the line.
- Guide intended to hold the eight-year-old's reins to maintain group, but Penunuri's horse accelerated unexpectedly, causing her fall and serious injuries.
- Sundance's rider manual warned that lagging horses tend to accelerate to catch up with the group.
- Before riding, Penunuri signed a Release & Indemnity Agreement purporting to release Sundance from ordinary negligence claims.
- Penunuri sued Sundance for negligence, gross negligence, and vicarious liability; she moved for partial summary judgment arguing the Release is unenforceable under the Equine Act.
- The trial court held the Equine Act does not invalidate pre-injury releases and dismissed ordinary-negligence claims; Penunuri appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the Equine Act invalidate the pre-injury release for ordinary negligence? | Penunuri argues the Act's plain language bars such releases. | Sundance contends the Act protects sponsors only for inherent risks, not noninherent risks or contractual protections. | Equine Act does not invalidate the release for ordinary negligence. |
| Does public policy in the Equine Act invalidate the release? | Penunuri asserts public policy against waivers of negligence in equine activities. | Sundance argues no public policy prohibition beyond inherent-risk protections. | Public policy does not invalidate the release. |
| What is the proper interpretation of the Equine Act's interplay with releases and common-law defenses? | Penunuri contends Act overrides common-law defenses and invalidates releases. | Sundance maintains Act protects against inherent risks but allows other defenses including releases for ordinary negligence. | Statute harmonizes with common-law release enforcement; releases remain admissible for ordinary negligence. |
Key Cases Cited
- Hawkins v. Peart, 2001 UT 94 (Utah) (indemnity for own negligence generally disfavored but subject to limits)
- Pearce v. Utah Athletic Found., 2008 UT 13 (Utah) (permits waivers for ordinary negligence under general tort law)
- Rothstein v. Snowbird Corp., 2007 UT 96 (Utah) (public policy in Skiing Act invalidates pre-injury releases for negligence)
- Pullan v. Steinmetz, 2000 UT 103 (Utah) (declines extending strict liability for horses; limits on liability in equine context)