Peck v. Verdi Trails West
Plaintiff Corrine Peck appeals from the judgment entered after the trial court granted the summary judgment motion of defendant Verdi Trails West, Inc. (Verdi Trails). Peck fell off her horse during a trail ride after her foot came out of the stirrup and the saddle slipped to the side. Peck appeals the judgment as to her causes of action for gross negligence, intentional infliction of emotional distress, and negligent infliction of emotional distress. She does not appeal her claim for ordinary negligence, which claim the trial court found she expressly waived when she signed a release and waiver of liability agreement.
Peck claims the trial court erred in making the factual determination that the trail guide was not grossly negligent for talking on her cell phone during the guided ride and for failing to help Peck when she started to fall off the horse. Peck claims the trial court improperly considered the cell phone records for the phone the guide was using, because they were hearsay evidence. Peck also claims the trial court erred in granting summary judgment on her negligent and intentional infliction of emotional distress causes of action.
We shall conclude that the undisputed facts were sufficient for the trial court to determine that any negligence on the part of defendant’s employee did not amount to gross negligence, and that because Peck did not object to the admission of the phone records below, she may not challenge the trial court’s ruling on that ground.
We shall affirm the judgment.
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