AUCKENTHALER V. GRUNDMEYER
877 P.2d 1039 (1994)
NATURE OF THE CASE: Auckenthaler (P) was kicked by a horse and filed a negligence action
against Grundmeyer (D), the rider, and the horse owner. The trial court granted Ds' motion
for summary judgment. P appealed.
FACTS: P and others were riding horses in an area north of Reno. Jody White (D1) was a
member of the group and was riding a horse owned by D named 'Bum.' D and D1 were
specifically involved in the training of dogs and the other riders were at the event as
observers. The ride was purely recreational, and none of the participants obtained any
compensation or commercial gain from the activity. Bum was acting antsy and nervous and had
been threatening to kick other horses that ventured into his proximity. Bum had been
recently gelded. P was injured when the horse she was riding strayed too close to Bum. Bum
turned and kicked at P's horse, striking P in the leg. P sued Ds alleging that D1 was
negligent in continuing to ride a horse that was temperamental and exhibiting dangerous
behavior and that D was negligent for supplying D1 with a horse D knew was aggressive and
anxious. Ds moved for summary judgment. They alleged that in accordance with recent
California case law, the appropriate legal standard of care governing participants in
recreational activities was not simple negligence, but was instead reckless or intentional
conduct. P's case was dismissed. The court adopted the California standard and reasoned that
P 'had not alleged or presented any evidence that defendants intentionally tried to hurt
plaintiff or that defendants engaged in conduct which was so reckless as to be totally
outside the range of ordinary activities involved in the horseback riding and dog training
sport.' P appealed: The district court erred by adopting a reckless or intentional standard
of care because such a reduced standard affronts Nevada's abolition of implied assumption of
risk.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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