Elizabeth Ann Hendricks v. JAFI, Inc.

Plaintiff was injured when she was thrown from a horse named “Cherokee” during a riding lesson at defendant’s riding stable. She claims that the riding instructor, whom all agree was an employee of defendant acting in the course of his employment, negligently failed to assess her ability to manage “Cherokee” and that the accident occurred as a result. Defendant has moved for summary judgment claiming that G.L.c. 128, §2D exempts it from liability.

In accordance with Superior Court Rule 9A(b)(5), defendants filed a statement of undisputed material facts containing 26 separate paragraphs.…