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LOFTIN v. LEE

No. 09-0313.

341 S.W.3d 352 (2011)

Terri LOFTIN, Petitioner, v. Janice LEE and Bob Lee, Respondents.

Supreme Court of Texas.

Decided April 29, 2011.

Attorney(s) appearing for the Case

Robert T. Cain Jr. , Joseph McElroy , Zeleskey Law Firm PLLC, Lufkin, for Terri Loftin.

Douglas J. McCarver , Nacogdoches, for Janice Lee.

Alison M. Rowe , Alison Rowe Equine Legal Services, PC, Bryan, for Amicus Curiae Texas Quarter Horse Association.

Andy McSwain , Fulbright Winniford, P.C., Waco, for Amicus Curiae Texas Farm Bureau.

Justice HECHT delivered the opinion of the Court.

The Texas Equine Activity Limitation of Liability Act1 limits liability for inherent risks of equine activity. This case raises two issues regarding the proper construction of the Act. One is whether risks are inherent in equine activity only if they relate to animal behavior or are otherwise unavoidable. As we read the Act, an inherent risk is one that, in its general character, is associated...

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