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BEATTIE v. MICKALICH

Docket No. 284130.

773 N.W.2d 748 (2009)

284 Mich. App. 564

BEATTIE v. MICKALICH.

Court of Appeals of Michigan.

Decided June 25, 2009, at 9:00 a.m.

Attorney(s) appearing for the Case

Morrissey, Bove & Ebbott (by Richard H. Ebbott), Flint, for the defendant.

Before: FORT HOOD, P.J., and MARK J. CAVANAGH and KIRSTEN FRANK KELLY, JJ.

PER CURIAM.

In this personal injury action, we must decide whether § 5(d) of the Equine Activity Liability Act (EALA), MCL 691.1661 et seq., prescribes a general claim of ordinary negligence. The trial court granted summary disposition for defendant, ruling that § 3 of the EALA barred plaintiff's suit because her injuries arose from an "inherent risk of equine activity." We agree and affirm. In doing so, we hold that § 5(d) does not create a...

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