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Gadd v. Warwick

Defendant was immune from liability pursuant to Georgia's Injuries From Equine or Llama Activities Act after plaintiff was injured while riding defendant's horse at a summer camp where he worked as a camp counselor.

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Joseph Gadd appeals from the trial court’s grant of summary judgment to Farrell Warwick in this case involving immunity provided by Georgia’s Injuries From Equine or Llama Activities Act the Equine Act, OCGA § 4-12-1 et seq. Gadd asserts that genuine issues of material fact exist with regard to the application of two exceptions to the immunity provided by the Act, that the trial court erred by imposing a legal requirement of showing dangerous propensity, and that issues of fact exist with regard to the horse’s dangerous propensity. For the reasons explained below, we affirm the trial court’s grant of summary judgment to Warwick.

Summary judgment is proper when there is no genuine issue of material fact, and the movant is entitled to judgment as a matter of law. OCGA § 9 11 56 c. We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant. Home Builders Assn. v. Chatham County, 276 Ga. 243, 245 1 577 SE2d 564 2003. So viewed, the undisputed evidence shows that 19-year-old Gadd was injured while riding a horse at a summer camp where he worked as a camp counselor assigned to work in the equine activities program. One of his basic job duties was to take children on trail rides at the camp.

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