Wang v. Nibbelink
Annotate this CaseA horse ran away from a meadow owned by defendants Gregory Nibbelink, Bevlee Nibbelink, Gary D. Nibbelink, Linda A. Nibbelink, Robert G. Goulding, Diane K. Goulding, and Nibbelink Revocable Family Trust (meadow landowners) onto adjacent property known as Strawberry Lodge (Lodge) and trampled plaintiff Yan Wang as she and her husband, plaintiff Tyler Raihala, got out of their car to dine at the Lodge. This appeal involved plaintiffs’ negligence claims against the meadow landowners who invoked Civil Code section 846. In this case of first impression, the Court of Appeals held section 846 paragraph 3(c) shielded landowners from liability where such recreational users of the land cause injury to persons outside the premises who are uninvolved in the recreational use of the land, even where the plaintiffs also allege that the landowners’ neglect of their own property-based duties contributed to the injury. Plaintiffs appealed the grant of summary judgment in favor of the meadow owners. Plaintiffs had argued: (1) the meadow owners forfeited section 846 by failing to plead it as an affirmative defense in their answer; (2) the statute does not apply to off-premises injury to a person who was not a participant or spectator of the recreational use; (3) even if section 846 applied, triable issues of fact preclude summary judgment; and (4) even if section 846 relieved the landowners from liability for negligence of the recreational users -- Highway 50 Association (HFA) and horse rider Robert Donald Burnley -- in failing to secure the horse, the landowners were liable for their own negligence in failing to ensure adequate secure containment for the event’s horses, failing to build a fence, and failing to warn those nearby who were not participating in the event. After review, the Court of Appeals concluded section 846 applied; no triable issues existed; and plaintiffs failed to show any potential for liability independent of section 846. Accordingly, the trial court properly entered summary judgment in favor of the meadow landowners.
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