Hilz v. Riedel, No. 02-11-00288-CV, 2012 Tex. App. LEXIS 4736 (Tx. Ct. App. Jun. 14, 2012)

(plaintiff child was injured when riding a horse at her friend’s house; plaintiff’s father told defendant, friend’s father, that plaintiff was not allowed to ride outside of round pen; after 30-45 minutes of observing plaintiff’s riding abilities, defendant allowed plaintiff to ride in pasture; after another 30 minutes, horse bolted toward tree and plaintiff was injured when impaled by branch; defendant was granted summary judgment based on equine limitation of liability act as all parties agreed injury caused by inherent risk of riding; appellate court overturned finding fact question regarding whether allowing plaintiff to ride in pasture after being directed by her father that she was not allowed outside pen was exception to equine act for failing to make a reasonable and prudent effort to determine plaintiff’s abilities to ride; court also overturned summary judgment for additional exception because defendant failed to revise his motion for summary judgment after petition was amended).