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Wash.App. Div. 2,2013.
boarding fee and be responsible for any incidental costs such as veterinary, farrier, and training expenses. The
Bowmans would provide Toby's registration papers to Herring only when she paid in full. Finally, the contract con-
tained the following clause: “By signing below the buyer acknowledges this Sale Is Final and they have purchased
man acknowledged in her deposition that the agreement with Herring was akin to “a lease to own the horse.” CP at
99. She admitted that she may have used the word “lease” in talking to Herring, but explained, “I could have be-
cause she didn't outright own the horse yet.” CP at 99. Herring made the final payment for Toby over seven months
after the accident, in December 2009. In her declaration, Person, who frequented and volunteered at the stable,
thought that Herring had leased Toby:
The Bowmans moved for summary judgment, arguing that they were protected against liability under the Eq-
uine Activities Statute,FN4 arguing that they did not “provide” Toby for Alex Herring because his family owned To-
by. RCW 4.24.540(2)(b)(i)(B). The trial court granted the motion, explaining:
these purposes.
Report of Proceedings at 3. This court then granted the Persons' motion for discretionary review, ruling that there
exists “a controlling question of law as to which there is substantial ground for a difference of opinion.” RAP
2.3(b)(4). See Ruling Granting Review, No. 42448–7 (Wash. Oct. 7, 2011).FN5
boarding fee and be responsible for any incidental costs such as veterinary, farrier, and training expenses. The
Bowmans would provide Toby's registration papers to Herring only when she paid in full. Finally, the contract con-
tained the following clause: “By signing below the buyer acknowledges this Sale Is Final and they have purchased
man acknowledged in her deposition that the agreement with Herring was akin to “a lease to own the horse.” CP at
99. She admitted that she may have used the word “lease” in talking to Herring, but explained, “I could have be-
cause she didn't outright own the horse yet.” CP at 99. Herring made the final payment for Toby over seven months
after the accident, in December 2009. In her declaration, Person, who frequented and volunteered at the stable,
thought that Herring had leased Toby:
The Bowmans moved for summary judgment, arguing that they were protected against liability under the Eq-
uine Activities Statute,FN4 arguing that they did not “provide” Toby for Alex Herring because his family owned To-
by. RCW 4.24.540(2)(b)(i)(B). The trial court granted the motion, explaining:
these purposes.
Report of Proceedings at 3. This court then granted the Persons' motion for discretionary review, ruling that there
exists “a controlling question of law as to which there is substantial ground for a difference of opinion.” RAP
2.3(b)(4). See Ruling Granting Review, No. 42448–7 (Wash. Oct. 7, 2011).FN5
