Family Sues Riding Stable in Boy’s December Death

The family of a 9-year-old Orange County boy killed in a horseback riding accident in Palm Springs filed a wrongful death lawsuit against the stable owners, a lawyer said Wednesday.

Anthony “Tony” Martinez of Laguna Niguel was riding with his parents, brother and other relatives at the Smoke Tree Stables in the Colorado Desert on Christmas Day when a barking dog spooked the horses. Tony’s horse bolted, throwing the boy and dragging him.

A physician who was on the outing treated the boy, but he died a few hours later at a hospital.

“The guide who was supposed to take care of the group acted improperly to the situation,” said Roger P. Tomalas, the attorney for the family. “The lawsuit is seeking substantial damages on behalf of his parents for the death of their son” and for witnessing his death.

The lawsuit alleges that the owner of the stable failed to provide a gentle and dependable horse for the unskilled rider, that the horses were not properly harnessed and equipped, that not enough guides participated in the ride, that the guides were not properly trained and that they did not have an adequate emergency procedure.

The owner of the stable was unavailable for comment Wednesday.