Lindsay v. Cave Creek Outfitters, L.L.C

In Lindsay v. Cave Creek Outfitters, L.L.C., 207 Ariz. 487, 493-94, PP 23-24, 88 P.3d 557, 563-64 (App. 2003), the plaintiffs, a wife and husband, sued the defendant, the operator of a riding stable, for personal injuries sustained by the wife when she was thrown from a horse. Id. at 489, P 2, 88 P.3d at 559. The plaintiffs alleged that the defendant's conduct was both negligent and willful and outrageous. Id. Among other allegations, the plaintiffs argued that a statute that immunized an equine owner from an ordinary negligence claim by a person riding the equine if four conditions were met, one of which was that the rider had signed a release before taking control of the equine, violated the anti-abrogation clause and thus was unconstitutional because it took away the right of an injured rider to sue an equine owner for ordinary negligence. Id. at 493, P 21, 88 P.3d at 563.