FOR HORSE PEOPLE • ABOUT HORSE PEOPLE
SIDELINES JUNE 2012 11
Continued on page 13
e
EQUINE LAW
An Appeals Court Cannot Overturn a Decision Based on
Evidence Not Considered at the Trial Proceeding
By Lisa Hollister, Esq.
In any Appeals process the
Appellate Court can only review the
evidence, legal claims and defenses
that have been previously entered
in the trial court record. As a result,
it is important that, as a plaintiff
or defendant, you make sure all
evidence, claims and defenses which
are in your favor have been entered
into evidence or presented with the
trial court. Appeals often allows for a
second bite at the apple as far as the
facts and legal issues that have been
presented and decided upon by the
trial court; but not when it is based on
new evidence or claims which were
not raised prior to making an appeal
of the lower court’s decision. As a
result, make sure all of your favorable
evidence, claims and defenses are
entered into evidence or made at the
trial court level.
DeShields v. International Resort Properties, Ltd., 11-2672
(FED3) (Unpublished)
Facts
While vacationing at a resort owned by the defendant,
International Resort Properties, Plaintiff, Linda DeShields and
her husband went for a guided trail ride at Bar-U Farm. Initially
the guide led the trail ride and was followed by the couple. When
Plaintiff had a problem getting her horse to keep up with the
other horses, the guide decided that the Plaintiff should lead
the trail ride. Unfortunately after the riders switched positions,
the Plaintiff’s horse sped up causing the Plaintiff to fall from her
horse and incur injuries which prompted this lawsuit.
Trial Court Decision
Plaintiff fled a lawsuit in Federal District Court alleging that the
Defendant’s negligence caused her injuries. After discovery (the
pretrial procedure by which both parties disclose facts deeds,
documents and other such information in their possession and
pertinent to the other party), the Federal Trial Court granted
summary judgment in favor of the defendants.
Summary judgment may be granted in favor of a party when
absence of a factual dispute on one or more issues eliminates
the need for a full trial. Summary judgment can only be granted
when all the evidence is looked at by the court in a light most
favorable to the party asking the court to make a pretrial decision
in their favor. In this case, the trial court found that based on the
pretrial evidence and pleadings, there was no need to proceed
to trial against the defendants because the plaintiffs had failed to
put together a case which they could win against the defendants.
Appeal of the Summary Judgment against Plaintiff
Linda DeShields raised four questions on appeal challenging
Lisa Hollister is an
attorney practicing
in Cincinnati, Ohio.
Questions for Ms.
Hollister’s column
can be addressed to
twinbridgefarm@aol.com