Swierkosz v. Starved Rock Stables

PRESIDING JUSTICE McCUSKEY

delivered the opinion of the court:

Plaintiff, Beth Swierkosz, brought an action to recover damages for injuries she received when thrown from a horse rented from defendant, Starved Rock Stables. Plaintiff appeals the dismissal of two counts in her complaint which alleged negligence and a violation of the Animal Control Act (Ill. Rev. Stat. 1989, ch. 8, par. 351 et seq.). We affirm the dismissal of both counts of the complaint.

We conclude (1) plaintiff failed to state a cause of action under the Animal Control Act, and (2) the exculpatory agreement signed by the…