Case details

Fall from horse during competition resulted in teen’s death

SUMMARY

$0

Amount

Decision-Defendant

Result type

Not present

Ruling
KEYWORDS
death, multiple trauma
FACTS
On Nov. 4, 2006, plaintiffs’ decedent Mia Eriksson, 17, was competing in the 2006 Galway Downs International Three-Day Eventing Competition, held in Temecula. Mia was an experienced horse rider who owned her own horse, Kory. For some years, she had ridden her horse in equestrian eventing competitions, consisting of dressage, cross-country and show jumping. In November 2006, she was competing in the cross-country portion of the three-day event, which involved jumping fences and other obstacles. Prior to competing that day, she walked the course for over an hour and practiced on Kory in the warm-up area. At approximately 2:05 p.m., after riding for several minutes on the course, Mia failed to adequately clear the jump at Fence 19, causing her to be separated from her horse while in the air. She subsequently landed on the ground with her horse falling on top of her. Mia died from the trauma of the fall. Her parents, Karan and Stan Eriksson, were in attendance and witnessed the accident. Karan and Stan Eriksson sued the decedent’s riding coach, Kristi Nunnink. They alleged that Nunnink’s actions constituted negligence and negligent infliction of emotional distress, making her liable for their daughter’s wrongful death. Initially, the Erikssons sued nine defendants, including the U.S. Equestrian Federation and U.S. Eventing Association, which both sanctioned the event, as well as Del Mar Eventing, which coordinated the event, and several individuals and owners of the property at Galway Downs. On June 26, 2009, the court granted summary judgment to all the defendants, and the plaintiffs chose to appeal only the decision in favor of Nunnink, whose summary judgment was reversed. The plaintiffs ultimately forfeited their jury right, and Nunnink waived her jury right, setting up a bench trial. Plaintiffs’ counsel contended that Nunnink had used her influence as the decedent’s coach to convince Mia’s parents to allow their minor daughter to compete at Galways Downs despite knowing that Kory had not yet recovered from sustained at another eventing competition two weeks earlier. At that competition, at Ram Tap, the horse failed to a clear a jump resulting in an abrasion to its nose, a concussion and a bruised chest. The veterinarian who examined Kory at Ram Tap cleared the horse to compete in the following Galway Downs event, but recommended observation for any residual ill effects. Plaintiffs’ counsel further contended that the decedent received a poor score in the dressage test, thereby increasing the risks inherent in the sport of eventing. In addition, counsel argued that the release/waiver in favor of Nunnink, which was signed by Mia and her mother, was legally deficient and could not preclude the instant lawsuit. Defense counsel argued that this case fits squarely within the primary assumption of the risk doctrine, and that the release/waivers that the decedent and her mother had signed affected waivers of the plaintiffs’ rights to sue Nunnink for Mia’s death. Counsel also argued that Kory was not injured at the time it ran at Galway Downs and that no such alleged injury caused the horse to unsafely negotiate the Fence 19 jump; thus, there was no evidence of legal causation necessary for negligence or negligent infliction of emotional distress. Defense counsel further argued that there was no evidence that Nunnink knew or had reason to know of such purported to Kory, as several professionals, including licensed veterinarians, examined and/or observed the horse and pronounced it fit for the Galway Downs competition. Counsel contended that any imaginary evidence of negligence certainly did not rise to the level of recklessness or wanton/willful conduct, meaning that no exception to the lawsuit bar by the primary and express assumption of the risk doctrines could be established., Mia suffered blunt force trauma from the fall and her horse landing on her, resulting in her wrongful death on Nov. 4, 2006. She was 17. Mia left behind her parents and a sister. Mia’s parents sought recovery of wrongful death damages for the loss of their daughter and general damages for the emotional distress they experienced from witnessing their daughter’s death. The Erikssons, who were no longer married at the time of trial, had an elder daughter named Shana who died at the age of 18 in another horse riding accident in 2003.
COURT
Superior Court of Riverside County, Riverside, CA

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