William Deveneau v. Susan Weilt and Brian Toomey

¶ 1. Plaintiff was injured when he struck a horse while driving on Vermont Route 7A. The horse belonged to Susan Wielt, who leased a house and land from Brian Toomey. Plaintiff sued Wielt and Toomey for negligence. Toomey moved for summary judgment, arguing he had no duty to keep the horse enclosed or to prevent its escape. The trial court granted summary judgment, and plaintiff appeals. We hold that Toomey owed no duty to plaintiff and affirm.

¶ 2. In 2008, Wielt leased a house and land from Toomey at 1900 Haiwood Hill, also known as Route 7A, in Bennington. Toomey gave Wielt permission to…