Simkin v. Heil Valley Ranch, Inc.

SMITH, Judge.

Roane Simkin (Simkin) appeals a partial summary judgment holding that a certain release, if it were found to have been executed by her, would exculpate Heil Valley Ranch, Inc., (Ranch) from liability to her based on her fall from a horse. We reverse and remand for further proceedings.

Simkin filed a personal injury action which alleged that Ranch’s negligence and breach of warranty caused injuries to her when she fell from a horse provided by Ranch. The trial court entered a partial summary judgment in favor of Ranch based on a release or exculpatory agreement which it concluded…