Dolezal v. Carbrey

I respectfully dissent because I would affirm the order of the trial court granting both defendants’ motions for summary judgment.

I differ with the majority’s interpretation of the law and facts in this case. The fundamental issue is one of the foreseeability of the injury. From the deposition testimony, it is quite clear that no one anticipated or could have anticipated that Blue would bolt under these circumstances. Both of Blue’s trainers, Brian Whaler and Mark Sheridan, testified that the horse was gentle and predictable, and that they regarded Blue as the last horse that would behave in…