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Burns v. Leap

No evidence showed that the defendant was aware that the horse which kicked the plaintiff had a vicious propensity as required for liability pursuant to O.C.G.A. § 51-2-7.

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Kathleen D. Burns sued Janet Leap for personal injuries she sustained when she was kicked by a horse boarded by Leap. The trial court granted summary judgment to Leap, and Burns appeals. Finding no error, we affirm. We conduct a de novo review of the trial court’s grant of summary judgment to Leap, construing the evidence and all inferences therefrom in a light favorable to Burns.1 So viewed, the evidence shows that in November 2002, Burns was interested in purchasing property with acreage and was considering acquiring a horse for her daughter. Burns approached Leap about buying her property, which included a seven acre tract with a main house, a guest house, paddocks, and a barn. Leap boarded four horses on her property, including two of her own and two owned by her neighbors, Cindy and Scott Suckling.

On November 29, 2002, Burns, her husband, and her two children visited Leap’s property. According to Leap, after they toured the houses and the barn, she led the Burns family to the pasture where the horses were located. Burns knew that the horses were in the pasture, but believed that they were contained. Leap and the Burns family went through a gate near the barn that led to the horse run. Burns, who was the last person through the initial gate, failed to close it. After crossing the horse run, the group passed through an open gate that led into the pasture, leaving the gate ajar. Leap whistled, the horses approached, and Burns and her children petted them.

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