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COHEN v. FIVE BROOKS STABLE

No. A116938.

72 Cal.Rptr.3d 471 (2008)

159 Cal.App.4th 1476

Susan COHEN, Plaintiff and Appellant, v. FIVE BROOKS STABLE, Defendant and Respondent.

Court of Appeal of California, First District, Division Two.

February 14, 2008.

Attorney(s) appearing for the Case

Frank J. Christy, Jr., Law Offices of Frank J. Christy, Petaluma, for Appellant.

Edward C. Schroeder, Jr., Selman Breitman LLP, San Francisco, for Respondent.

KLINE, P.J.

Appellant Susan Cohen sustained injury as a result of a fall from a horse during a guided trail ride provided her by respondent Five Brooks Stable. Two questions are presented: whether by signing a "Visitor's Acknowledgement of Risk" (the Release) appellant expressly waived her negligence claim and, if not, whether respondent is nevertheless exonerated by the doctrine of primary assumption of risk. Granting summary judgment on the ground that the Release...

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