Marilyn J. Miller was riding her horse along a public riding trail. The horse lost its footing on the surface of the trail where it crossed a paved driveway in front of the home owned by Jeffrey and Janice Weitzen. Horse and rider fell to the ground. Miller seriously injured her wrist and hand. She sued both the association responsible for maintaining the trail and the Weitzens. Purchase Bob Bruss reports online. At the trial, Miller's evidence showed Jeffrey Weitzen had recently resurfaced his driveway (that had an encroachment permit to cross over the public riding trail) but he did not obtain a resurfacing permit as required by the county. The association had placed warning sides on either side of the Weitzen driveway where it crosses the horse-riding trail, but Miller testified she did not see them. She argued the Weitzens should be liable for her damages because it was negligent to have a paved driveway crossing the riding trail. If you were the judge would you rule the driveway...
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