Carrion v. Smokey, Inc.

Banke, Judge.

The plaintiff was injured after falling from a horse he had rented from defendant’s Pine Tree Stables. He instituted this suit for damages, alleging that defendant’s employee saddled the horse in a negligent manner. The trial court granted summary judgment to the defendant based on a “waiver and indemnification agreement” signed by the plaintiff before his ride and fall. In an affidavit filed in opposition to the motion for summary judgment, the plaintiff admitted signing the document but denied that he had read it. Held:

“The general rule in Georgia is that a contractual waiver…