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HUBNER v. SPRING VAL. EQUESTRIAN

A-52 September Term 2009

1 A.3d 618 (2010)

203 N.J. 184

Gloria HUBNER and Michael Hubner, Plaintiffs-Respondents, v. SPRING VALLEY EQUESTRIAN CENTER, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 28, 2010.

Attorney(s) appearing for the Case

Mary O'Keefe Massey, Princeton, argued the cause for appellant (Goldberg Segalla, attorneys).

Andrew M. Wubbenhorst, Riverdale, argued the cause for respondents (Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appelt, attorneys).

Arthur A. McTighe, Trenton, submitted a brief on behalf of amicus curiae New Jersey Farm Bureau (McTighe & McTighe, attorneys).

Richard J. Mirra, New Brunswick, submitted a brief on behalf of amicus curiae New Jersey Horse Council (Hoagland, Longo, Moran, Dunst & Doukas, attorneys).

Justice HOENS delivered the opinion of the Court.

Plaintiff Gloria Hubner was injured when she fell off a horse during a visit to defendant Spring Valley Equestrian Center in Newton. Defendant argues that even after giving plaintiff the benefit of all favorable factual inferences, her claim is barred by the Equine Activities Liability Act, N.J.S.A. 5:15-1 to -12 (Equine Act), or, alternatively, by the terms of a release she signed before mounting the horse...

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