By Elena Durnbaugh
Gognwer News Service
Getting tossed about while riding in a horsedrawn carriage at Greenfield Village is not enough to bring legal action against The Henry Ford, the Court of Appeals ruled last week.
Rebecca Goch brought a negligence claim against the popular destination in Goch v. The Edison Institute (COA Docket No. 371176) after she hit her head while riding in the carriage after one of the horses pulling it spooked and bolted.
The published decision was written by Judge Stephen Borrello and signed by Judge Kathleen Feeney and Judge Mariam Bazzi.
Goch alleged that after the incident she suffered persistent floaters in her vision and persistent blurred vision. In 2023, she brought a negligence lawsuit against The Edison Institute, conducting business as The Henry Ford, and the driver of the carriage.
The defendants argued they had immunity under the Equine Activity Liability Act, which says the supervisor of equine activities is not at fault for any injury, death or property damage that results from the inherent risk of dealing with horses. Goch, however, argued that she was not riding a horse and did not interact with the horses, so therefore she was not engaged in an "equine activity."
The trial court found the driver was not at fault for the incident and did his best to minimize damage and regain after the horse bolted.
The Court of Appeals agreed with the decision, ruling that riding in a horse drawn carriage is, legally speaking, equine activity.
"The statutory definition of 'engaging in an equine activity' includes the act of 'being a passenger upon' (MCL 691.1662(a)). It is significant to note that the term 'equine' in this context is grammatically associated with the subsequent clause, regarding 'providing or assisting in veterinary treatment of an equine.' Therefore, 'being a passenger upon' does not narrowly apply only to individuals physically seated on an equine," the ruling said. "Consequently, we find that 'being a passenger upon' encompasses those riding in a horse drawn carriage. This interpretation aligns with our Legislature's comprehensive definition of what constitutes engagement in equine activities under the EALA."
Gognwer News Service
Getting tossed about while riding in a horsedrawn carriage at Greenfield Village is not enough to bring legal action against The Henry Ford, the Court of Appeals ruled last week.
Rebecca Goch brought a negligence claim against the popular destination in Goch v. The Edison Institute (COA Docket No. 371176) after she hit her head while riding in the carriage after one of the horses pulling it spooked and bolted.
The published decision was written by Judge Stephen Borrello and signed by Judge Kathleen Feeney and Judge Mariam Bazzi.
Goch alleged that after the incident she suffered persistent floaters in her vision and persistent blurred vision. In 2023, she brought a negligence lawsuit against The Edison Institute, conducting business as The Henry Ford, and the driver of the carriage.
The defendants argued they had immunity under the Equine Activity Liability Act, which says the supervisor of equine activities is not at fault for any injury, death or property damage that results from the inherent risk of dealing with horses. Goch, however, argued that she was not riding a horse and did not interact with the horses, so therefore she was not engaged in an "equine activity."
The trial court found the driver was not at fault for the incident and did his best to minimize damage and regain after the horse bolted.
The Court of Appeals agreed with the decision, ruling that riding in a horse drawn carriage is, legally speaking, equine activity.
"The statutory definition of 'engaging in an equine activity' includes the act of 'being a passenger upon' (MCL 691.1662(a)). It is significant to note that the term 'equine' in this context is grammatically associated with the subsequent clause, regarding 'providing or assisting in veterinary treatment of an equine.' Therefore, 'being a passenger upon' does not narrowly apply only to individuals physically seated on an equine," the ruling said. "Consequently, we find that 'being a passenger upon' encompasses those riding in a horse drawn carriage. This interpretation aligns with our Legislature's comprehensive definition of what constitutes engagement in equine activities under the EALA."
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