Galardi v. Seahorse Riding Club

In Galardi v. Seahorse Riding Club (1993) 16 Cal.App.4th 817, Division Two of the Second Appellate District addressed a case in which an accomplished equestrian was injured when her horse failed to clear jumps set up by a riding instructor at the Seahorse Riding Club. Galardi claimed that the instructor twice raised the height of the jumps without lengthening the distance between them and then asked Galardi to ride through the jumps in the opposite direction from which she had previously jumped them. (Galardi, supra, 16 Cal.App.4th at p. 820.) The trial court granted summary judgment, based on "assumption of risk." (Id. at p. 819.) The Court of Appeal focused on the language in Knight that the existence of a duty in a sports context depends on the nature of the sport and the relationship of the defendant and the plaintiff to that sport. (Galardi, 16 Cal.App.4th at pp. 821-822.) The court determined that, given the relationship between the plaintiff and the defendants (the riding club and the instructor), the latter "certainly had a duty to avoid an unreasonable risk of injury to plaintiff and to take care that the jumping array was not beyond the capability of horse and rider." ( Id. at p. 823.) The court also considered Tan v. Goddard (1993), concluded that Tan was properly decided and agreed that "the general rule is that coaches and instructors owe a duty of care to their charges. Thus, a complaint raising the issue of coach or instructor negligence during training involves secondary assumption of risk which is not a complete bar to recovery . . . ." Accordingly, the court concluded that the trial court erred in entering summary judgment in the defendants' favor. (Galardi, supra, 16 Cal.App.4th at pp. 823-824.) In short , the court held that a riding club instructor, who was training an equestrian student experienced in jumping horses over fences and other barriers, had a duty to avoid an unreasonable risk of injury to the student by "taking care that the jumping array was not beyond the capability of horse and rider." (Galardi, supra, 16 Cal.App.4th at pp. 820, 823.) Concluding that a triable issue of material fact existed as to whether the instructor had "deployed the jumps at unsafe heights or intervals," Galardi reversed the summary judgment entered in favor of the riding club. (Id. at p. 823.)