Horseback Riding Accident
In 2019, the firm obtained a ruling from the Superior Court rejecting the main defendant’s motion for summary judgment based on its primary assumption of the risk defense in a case arising from injuries suffered during a guided horseback ride in Griffith Park which resulted in serious spinal injuries to the firm’s client.
In horseback injury cases, defendants often prevail based on the primary assumption of risk defense because courts recognize that horses are, by their nature, unpredictable. In this case, the firm obtained a ruling from the Superior Court that Plaintiff’s evidence that the horse “acted oddly on three separate occasions during the same ride” — which Plaintiff’s expert opined was “dangerous and unexplained behavior,” precluded summary judgment, particularly where there was evidence the defendant’s guide had witnessed the behavior but done nothing, potentially implicating a duty to take action. Following defeat of the summary judgment motion against that defendant, the case was later resolved on confidential terms at mediation.
The McGonigle firm handles personal injury claims on a contingency fee basis. Meaning unless a favorable settlement or judgment is obtained for you, you will not be obligated to pay any fees.
“When Tim and his staff took on my case, they had hurdles created by former counsel to overcome. Even with all that was working against us, Tim and his staff used their considerable gifts and skills to successfully resolve the case.“