Question

Mia Eriksson was a seventeen-year-old competitor in horseback-riding events. Her riding coach was Kristi Nunnink. Eriksson signed an agreement that released Nunnik from all liability except for damages caused by Nunnink’s “direct, willful and wanton negligence.” During an event at Galway Downs in Temecula, California, Eriksson’s horse struck a hurtle. She fell from the horse and the horse fell on her, causing her death. Her parents, Karen and Stan Eriksson, filed a suit in a California state court against Nunnink for wrongful death. [Eriksson v. Nunnink, 233 Cal.App. 4^th 708, 183 Cal.Rptr.3d 234 (4 Dist. 2015)] (See Contract Provisions Limiting Remedies.)

1. Is the limitation of liability agreement that Eriksson signed likely to be enforced in her parents’ case?

2. If so, how would it affect their claim? Explain.

Answer 1

1. No, it is unenforceable. The agreement extinguished all duties owed by the trainer to the decedent.
2. No duty being owed to the decedent, this deprived the parents of the right to sue for wrongful death. The parents were bound by the agreement, even though it did not mention wrongful death. Nonetheless, it could not have since the decedent could not wipe out someone else’s wrongful death claim by reciting such. The intent is to encourage the teaching of dangerous sports, and this case falls into that category. It would discourage such activity if the suit would have been decided in favour of parents.