Berlangieri v. Running Elk Corporation

48 P.3d 70 (2002)

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Nature of the Case

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Facts

D offered guests horseback riding expeditions as well as other recreational activities. P and other employees of Honeywell Corporation were guests at d. Members of the group of employees expressed an interest in a horseback riding expedition. A riding expedition was arranged for the afternoon of May 29, 1996. D's manager, spoke with each participant, including P, to determine the participant's experience and ability in horseback riding. P was a novice rider. D explained to each guest that due to the unpredictable nature of horses, horseback riding involves certain unavoidable risks of injury. Simms gave each guest a copy of D's 'Agreement for Release and Assumption of Risk' (hereafter the Release) and asked the guest to read and sign it. P agreed to exculpate and relieve THE LODGE AT CHAMA and its employees, representatives, and agents from all liability for any loss, damage, or injury, whether to person or property which I may suffer while engaging in activities and/or using the lands of THE LODGE AT CHAMA all whether or not resulting from the negligent act or omission of another person or persons. P also stated that he understood when he talked to D. D selected gentle, easygoing horses for the trail ride. P's horse was saddled by an experienced employee of D. During the trail ride, P's horse constantly wanted to move to the head of the group and to move faster than the other horses. At the end of the ride, as the group approached the stable, P's horse began to gallop. P fell to the right side of the horse, his head and shoulder hitting the ground first. Two witnesses stated that P's fall was consistent with the saddle sliding, but neither witness recalled actually observing the saddle shift. Two minutes after the fall, P's horse did not have a saddle. The employee of D who saddled P's horse, and who led the trail ride, recalled that after the fall, 'the saddle and tack were properly positioned and in good serviceable condition' and that he removed the saddle from P's horse after assisting P. Gay Davenport, an expert, concluded that 'the saddle was not properly positioned and/or the cinch was not properly tightened; or this equipment failed, causing the saddle to slide sideways off the top of the horse.' P sued D. D moved for summary judgment based on the Release. The court granted summary judgment. The district court noted, and rejected, P's argument that enforcement of the Release would violate the public policy of New Mexico. P appealed.