The trial court granted summary judgment in favor of the race track because of the Release. The trial court said that permitting plaintiff to train his horses on the defendant race track was consideration and the Release was valid. On appeal, this decision was upheld because plaintiff's attorney did not properly brief and argue the issue. The Idaho Supreme Court affirmed the decision of the trial court and awarded to the defendant race track the right to recover from the plaintiff the attorney's fees it incurred in defending the appeal. This is an action in tort.
Appellants seek to recover damages from respondents for injuries to appellants' race horse.
Anson alleged respondents' negligence was the proximate cause of injuries suffered by the horse owned by Anson. Anson argued that the district court should deny respondents' motion for summary judgment since the Release that was signed by Anson was an illegal contract and that Anson had no discretion in signing the Release, since the Release had to be signed before any horse could be brought upon the Les Bois Racetrack premises. Anson also argued that the Release was not enforceable due to a lack of consideration. The district court found that allowing Anson to enter the premises and participate in training and racing was sufficient consideration for the Release. The district court rejected the argument that the Release was voidable due to economic duress.