Holly Thrasher v. Riverbend Stables, LLC, et al.

Holly Thrasher v. Riverbend Stables, LLC, et al.

Plaintiff appeals the summary dismissal of her complaint arising out of the death of her Tennessee Walking Horse while the horse was being trained at Riverbend Stables, LLC. Plaintiff filed suit claiming the horse died as a result of the defendants’ negligence and gross negligence. The trial court dismissed the complaint upon a finding that the claims of negligence were barred by the exculpatory provisions in the parties’ written agreement and Plaintiff had failed to make out a prima facie claim of gross negligence. Finding the exculpatory agreement enforceable and the evidence fails to establish a genuine issue of material fact concerning the claims for gross negligence or recklessness, we affirm.

Authoring Judge: 
Judge Frank G. Clement, Jr.
Originating Judge: 
Judge Walter C. Kurtz
Date Filed: 
Wednesday, May 21, 2008