Goettsch v. El Capitan Stadium Assn.
Herbert Goettsch was standing outside a chain link fence that enclosed a warm up area for horses that were performing in a rodeo produced by El Capitan Stadium Association, Inc. (El Capitan). A horse was standing on the inside of the fence, tied to the fence with a rope. As Goettsch stood on the outside of the fence watching the rodeo, he placed both of his hands on the chain link fence. Goettsch's hands became entangled in the rope as the horse pulled away from the fence. Four of Goettsch's fingers were severed in the incident.
Goettsch filed a two count complaint against El Capitan in which he alleged negligence and premises liability. El Capitan moved for summary judgment on the ground that Goettsch's claims were barred by the doctrine of primary assumption of risk, and also on the ground that Goettsch would not be able to establish the threshold element of duty as to either of his claims because the horse presented an obvious danger. Without specifying on which ground it based its decision, the trial court granted El Capitan's motion for summary judgment. The trial court subsequently entered judgment in favor of El Capitan.
On appeal, Goettsch claims that El Capitan is not entitled to summary judgment on either of the two grounds it raised in its motion. Court agree and reverse the judgment.
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