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KELLER v. MERRICK

No. 97-115.

955 P.2d 876 (1998)

Calvin KELLER and Bryan E. Keller, Appellants (Plaintiffs), v. Fred MERRICK and Merrick's Riding Club Arena, Limited Liability Company, Appellees (Defendants).

Supreme Court of Wyoming.

Reconsideration Denied April 7, 1998.

Attorney(s) appearing for the Case

Steven K. Sharpe of Anthony, Goodrich, Nicholas & Sharpe, LLC, Cheyenne, for Appellants (Plaintiffs).

Greg Greenlee and Loyd E. Smith of Murane & Bostwick, LLC, Cheyenne, for Appellees (Defendants).

Before TAYLOR, C.J., and THOMAS, MACY, GOLDEN and LEHMAN, JJ.

GOLDEN, Justice.

On appeal, Appellants Calvin and Bryan E. Keller contend that the district court erred in granting summary judgment to Appellee Fred Merrick and Merrick's Riding Club Arena on the issues of breach of warranty and negligence in the selection of a horse. The district court ruled that as a matter of law the Wyoming Recreation Safety Act precluded recovery.

We hold that the Act does not apply and reverse and remand for trial on the breach of warranty...

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