University of Vermont AAHS

Harrington v. Colvin

 

New York Supreme Court, Appellate Division
237 A.D.2d 992, 656 N.Y.S.2d 1017
March 14, 1997

 

Summary of Opinion

 

New York Appellate Division says that the rider of a show horse assumed the risk that the horse would bolt while she was tacking him up. Therefore, she cannot sue for her injuries.

Text of Opinion

Defendants contend that Supreme Court erred in denying their motion for summary judgment dismissing the complaint on the ground that, as a matter of law, Linda J. Harrington (plaintiff) assumed the risk of injury inherent in tacking, or saddling, a show horse. We agree. Defendants established that plaintiff assumed the risk that the horse would bolt unexpectedly and that injury could result therefrom (see, Rubenstein v. Woodstock Riding Club, 208 A.D.2d 1160; Morrelli v. Giordano, 206 A.D.2d 464, lv dismissed 85 N.Y.2d 858; Hammond v. Spruce Meadow Farm, supra ).

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.


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