Panel Urges City to Pay $21,706 to Horseback Rider Injured on Road

A Los Angeles City Council committee Tuesday recommended that the city pay $21,706 to a woman who was injured when she was thrown off a horse that was disturbed by the sound of passing cars on a Chatsworth road.

Fawn J. Nash, now a 22-year-old secretary living in Colorado, contended that the city was partly responsible for the Aug. 30, 1978, accident because it allowed horses on the same road as cars without warning equestrians or motorists.

A Superior Court jury last May ruled in Nash’s favor, and the Finance and Revenue Committee Tuesday recommended that the city pay damages rather than appeal the judgment. The full council still must approve the payment, but it usually follows the committee’s recommendations.

Although the committee approved the payment to Nash, the city has yet to change the road conditions she complained of in her suit, according to the deputy city attorney who handled the case.

Trail Merges With Road

Nash, then a Northridge high school student, was riding on a trail that merges with Valley Flores Drive, a narrow road in a rural area west of the Chatsworth Reservoir, Deputy City Atty. Thomas A. Gutierrez said.

As Nash was attempting to mount the horse after stepping down to rest, “the sound of vehicles, coupled with their close proximity to the horse, caused the horse to spook and to begin galloping down the road,” Gutierrez said.

Nash, who was only partially in the saddle, was thrown face down onto the pavement, fracturing her jaw, breaking some teeth and severely cutting her chin.

“City records show there were eight horse trails which merged with Valley Flores Drive in the area of the accident,” Gutierrez said. “The city was therefore aware that equestrians used the same paved roadway as motorists did.”

Expert testimony at the trial indicated that there should have been a separate bridle path, apart from the road, Gutierrez said. “This would have prevented a mingling of the horses with vehicles on the roadway and would have minimized the risk of horses becoming scared,” he said.

Should Have Posted Signs

Nash’s attorney Craig de Recat contended that the city, at the very least, should have posted signs warning motorists of the presence of horses.

Nash also sued the Box W Riding Stables, from which she rented the horse, and stable owner William Zarkovich, alleging that she had been inadequately instructed in the handling of horses.

Jurors found Zarkovich equally culpable with the city and liable for half of the $21,706 damages awarded to Nash. But because Zarkovich, who is now retired, says he has no money, the city must pay his share, Gutierrez said in a report to the council committee. The city can then attempt to recover the money from Zarkovich at a later date.

Gutierrez said the riding stable is no longer in business and therefore he sees no need for any improvements on behalf of equestrians using Valley Flores Drive.

Gutierrez said that the road is used for riding primarily by residents who own horses. Unlike Nash, most of the residents are experienced equestrians who are aware of the conditions along Valley Flores Drive, he said.