Clyncke v. Waneka

delivered the Judgmen and an Opinion.

I. Introduction

In this appeal, we review and affirm the, court of appeals' conclusion in Waneka v. Clyncke, 134 P.3d 492 (Colo.App.2005), that the trial court erred when instructing the jury on the potential liability of a sponsor of an equine event under the Colorado Equine Activities Statute, section 18-21-119, C.R.S. (2006). We agree that the Equine Statute places a two-pronged duty on sponsors, holding that a sponsor may be liable when he fails to make reasonable efforts to determine either a participant's ability to engage in the equine activity or a…