Duval v. Howe

Agnes, Peter W., J.

Background

The defendants have filed a motion to dismiss the complaint on grounds that it does not state a claim for relief. See Mass.RCiv.P. 12(b)(6). This requires the court to assume the truth of the allegations as set forth in plaintiffs complaint. The essential facts are as follows.

On April 18,2004, the plaintiff, Cynthia Duval, was legally upon the premises of the defendant for the purpose of caring for and riding her horse that she, for a fee, boarded at the premises. At that time, an aggressive horse owned by the defendants was permitted to enter an area in which the…