Amburgey v. Sauder

• Decision Date: 25 January 2000
• Docket Number: Docket No. 206373.
• Citation: 605 N.W.2d 84,238 Mich. App. 228
• Parties: Sharon AMBURGEY, Plaintiff-Appellant, v. Marilyn SAUDER, individually and d/b/a Diamond-S Stables, Defendant-Appellee.
• Court: Court of Appeal of Michigan — District of US

605 N.W.2d 84

238 Mich. App. 228

Sharon AMBURGEY, Plaintiff-Appellant, v. Marilyn SAUDER, individually and d/b/a Diamond-S Stables, Defendant-Appellee.

Docket No. 206373.

Court of Appeals of Michigan.

Submitted March 2, 1999, at Detroit.

Decided October 19, 1999, at 9:25 a.m.

Released for Publication January 25, 2000.

Cochran, Foley & Associates, P.C. (by Cheryl Jordan), Livonia, for the plaintiff.

Bowen, Radabaugh, Milton & Brown, P.C. (by Thomas R. Bowen and Evelyn C. Tombers), Troy, for the defendant.

Before GRIBBS, P.J., and RICHARD ALLEN GRIFFIN and WILDER, JJ.

RICHARD ALLEN GRIFFIN, J.

This appeal provides this Court with its first opportunity to construe the Equine Activity Liability Act (EALA), M.C.L. § 691.1661 et seq.; MSA 12.418(1) et seq. Plaintiff Sharon Amburgey claims injuries to her right arm and left shoulder as a result of having been bitten by a horse named Justin. At the time, Justin was owned by Linda Predhomme.¹ Defendant Marilyn Sauder owns and operates the Diamond-S Stables, where the incident in question occurred. Plaintiff appeals as of right from the trial court's July 28, 1997, and September 17, 1997, orders that, respectively, granted defendant's motion for summary disposition pursuant to MCR 2.116(C)(7) and (10)² and denied plaintiff's motion to file a first amended complaint. We affirm.

I

Plaintiff initially contends that the trial court erred in granting summary disposition in favor of defendant pursuant to MCR 2.116(C)(7). The trial court ruled that plaintiff was a participant engaged in equine activity within the meaning of the EALA and, as such, her claim against defendant was barred by the terms of the act, which provides in pertinent part:

Except as otherwise provided in section 5, an equine activity sponsor, an equine professional, or another person is not liable for an injury to or death of a participant or property damage resulting from an inherent risk of an equine activity. [MCL 691.1663; MSA 12.418(3).]

On appeal, a trial court's grant of summary disposition is reviewed de novo. Spiek v. Dep't of Transportation, 456 Mich. 331, 337, 572 N.W.2d 201 (1998). Specifically, a court's interpretation of a statute is reviewed de novo on appeal. Stabley v. Huron-Clinton Metropolitan Park Authority, 228 Mich.App. 363, 366, 579 N.W.2d 374 (1998). When a motion for summary disposition is premised on MCR 2.116(C)(7), the nonmovant's wellpleaded allegations must be accepted as true and construed in the nonmovant's favor and the motion should not be granted unless no factual development could provide a basis for recovery. Stabley, supra at 365, 579 N.W.2d 374; Dewey v. Tabor, 226 Mich.App. 189, 192, 572 N.W.2d 715 (1997). "[T]he court must consider not only the pleadings, but also any affidavits, depositions, admissions, or documentary evidence that has been filed or submitted by the parties." Horace v. City of Pontiac, 456 Mich. 744, 749, 575 N.W.2d 762 (1998). If no facts are in dispute, whether the claim is statutorily barred is a question of law. Dewey, supra at 192, 572 N.W.2d 715.

The propriety of summary disposition under the EALA must be determined in conjunction with the rules of statutory construction. The fundamental purpose of judicial construction of statutes is to ascertain and give effect to the intent of the Legislature. In re Certified Question, 433 Mich. 710, 722, 449 N.W.2d 660 (1989). Further, "the intention of the Legislature, when discovered, must prevail, any existing rule of construction to the contrary." Id. The first criterion in determining intent is the specific language of the statute. People v. Borchard-Ruhland, 460 Mich. 278, 284, 597 N.W.2d 1 (1999). The Legislature is presumed to have intended the meaning it plainly expressed. Id. The court should presume that every word has some meaning and should avoid any construction that would render a statute, or any part of it, surplusage or nugatory. Altman v. Meridian Twp., 439 Mich. 623, 635, 487 N.W.2d 155 (1992). If the language is clear and unambiguous, the court must apply the statute as written. Borchard-Ruhland, supra.

However, "a dogged literalism should not be employed to defeat the Legislature's intent." Goodridge v. Ypsilanti Twp. Bd., 451 Mich. 446, 453, n. 8, 547 N.W.2d 668 (1996). If reasonable minds could differ regarding the meaning of a statute, the court must look to the object of the statute, the harm it is designed to remedy, and apply a reasonable construction that best accomplishes the purpose of the statute. Marquis v. Hartford Accident & Indemnity (After Remand), 444 Mich. 638, 644, 513 N.W.2d 799 (1994).

A

There are several facets to plaintiff's argument that summary disposition was improperly granted in favor of defendant. First, plaintiff argues that the stated purpose of the EALA— "to regulate civil liability related to equine activities"—is not synonymous with "immunity granted by law" and therefore summary disposition was inappropriately granted pursuant to MCR 2.116(C)(7).³ Plaintiff's argument is merely a matter of semantics. "Immunity" means "[f]reedom or exemption from penalty, burden, or duty." Black's Law Dictionary (6th ed.), p. 751. Section 3 of the EALA provides that

an equine activity sponsor, an equine professional or other person is not liable for an injury to ... a participant ... resulting from an inherent risk of an equine activity.... [A] participant ... shall not make a claim for, or recover civil damages from an ... equine professional... for injury to ... the participant... resulting from an inherent risk of an equine activity. [MCL 691.1663; MSA 12.418(3) (emphasis added).]

Pursuant to the clear and unambiguous language of the EALA, if a participant's injuries result from an inherent risk of an equine activity, the participant may not make a claim for damages against an equine professional; conversely, the equine professional is free from the "penalty" or "burden" of claims for damages. By providing that a class of persons is not bound or obligated with regard to an injury and by expressly disallowing claims under enumerated circumstances, the Legislature intended to grant immunity to qualifying defendants. MCR 2.116(C)(7) is the appropriate rule under which a defendant may raise a defense by asserting that a claim is barred. Wilson v. Thomas L McNamara, Inc., 173 Mich.App. 372, 375, 433 N.W.2d 851 (1988). Plaintiff's argument in this regard is therefore meritless.

B

Plaintiff next contends that the immunity provided by the EALA is inapplicable to the present circumstances because she was merely a spectator, not a "participant," as defined by the EALA. We disagree.

Plaintiff was invited by her son's girlfriend, Amy Masternak, to watch Masternak's riding lesson at defendant's stable, where Masternak's horse was boarded. Plaintiff entered the stable through a side entrance and was given a tour of the facilities by Masternak. Plaintiff observed Masternak's riding lesson, which lasted approximately one hour, and then accompanied Masternak back into the stable, at which time she fed Masternak's horse an apple and briefly assisted in grooming it (the evidence indicated that plaintiff had considerable experience with horses). Soon thereafter, as plaintiff walked down the center aisle of the stable and passed by Justin's stall, the horse unexpectedly lunged over his closed stall door and bit her in the right arm. As plaintiff tried to break free from his grasp, Justin let go, causing plaintiff to hit the adjacent wall and injure her left shoulder.

The EALA delineates participation as follows:

"Participant" means an individual, whether amateur or professional, engaged in an equine activity, whether or not a fee is paid to participate. [MCL 691.1662(g); MSA 12.418(2)(g).]

The activities covered by the EALA are also specified:

(a) "Engage in an equine activity" means riding, training, driving, breeding, being a passenger upon, or providing or assisting in veterinary treatment of an equine, whether mounted or unmounted. Engage in an equine activity includes visiting, touring, or utilizing an equine facility as part of an organized event or activity including the breeding of equines, or assisting a participant or show management. Engage in equine activity does not include spectating at an equine activity, unless the spectator places himself or herself in an unauthorized area and in immediate proximity to the equine activity.

* * *

(c) "Equine activity" means any of the following:

* * *

(ii) Equine training or teaching activities.

(iii) Boarding equines, including their normal daily care. [MCL 691.1662; MSA 12.418(2) (emphasis added).]

We find no error in the trial court's conclusion that plaintiff was "engaged in an equine activity" and therefore a "participant" under the EALA. Plaintiff's undisputed involvement in touring the facilities and assisting Masternak, albeit briefly, in the care of her horse following "an organized event or activity" (Masternak's scheduled lesson) rendered plaintiff a "participant" in equine activity pursuant to the express language of the EALA.

Plaintiff nonetheless asserts that she was not a "participant" with respect to the particular horse that caused her injury. Plaintiff contends that although she interacted with Masternak's horse, she did not participate in equine activities with respect to Justin, the altogether different horse that inflicted her injuries. However, the language and intent of the EALA are not amenable to such a narrow application of the immunity provided therein. The Legislature broadly defined engagement in an equine activity to include "visiting, touring, or utilizing an equine facility" and other circumstances, see generally M.C.L. § 961.1662; MSA 12.418(2), obviously recognizing and anticipating that in an environment involving equines, potential liability could arise out of innumerable situations, including instances where, as in the present case, the participant, before the incident or...