Kush v. Wentworth

Plaintiff sued defendant seeking to recover damages for injuries that she suffered when defendant’s horse kicked her while plaintiff and defendant were participating in a group horse ride. As amended, plaintiffs complaint contained three counts alleging, respectively, that defendant violated the Animal Control Act (510 ILCS 5/1 et seq. (West 2000)), that defendant was negligent, and that defendant’s conduct was willful and wanton. Based on its ruling that the Equine Activity Liability Act (Act) (745 ILCS 47/1 et seq. (West 2000)) barred the first two counts of the complaint on their faces and…