DeShields v. International Resort Properties Ltd., 463 Fed. Appx. 117 (3d Cir. 2012), aff’g. sub nom., DeShields v. Mountain Laurel Resort & Spa, No. 3:09cv2125, 2011 U.S. Dist. LEXIS 54344 (M.D. Pa. May 20, 2011)

(plaintiff injured during horseback ride when thrown from horse and sued defendant for negligence; district court held res ipsa loquitur inapplicable and granted summary judgment for defendant because plaintiff could not establish any evidence of defendant’s negligence; plaintiff appealed; appellate court upheld finding of lack of evidence of negligence and lack of evidence in records of disputed issues; appellate court dismissed theory of negligence first presented on appeal that plaintiff should not have been allowed to ride in front of trail guide; denial of res ipsa loquitur theory also affirmed because riding a horse is inherently dangerous despite precautionary efforts to avoid accidents).

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