From Casetext: Smarter Legal Research

Lewis v. Erie County Agricultural Society

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1114 (N.Y. App. Div. 1998)

Opinion

December 31, 1998

Appeal from the Supreme Court, Erie County, Michalek, J. — Summary Judgment.


Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiffs commenced this action to recover damages for personal injuries sustained by Cynthia Lewis (plaintiff) when she was kicked by her own horse at a horse show run by defendants. Defendants appeal from an order denying their motion for summary judgment dismissing the complaint. Defendants contend that, as a matter of law, plaintiff assumed the risk of being kicked by a horse and that, in any event, her injuries were not proximately caused by defendants' alleged negligence.

We conclude that plaintiff, a highly experienced horsewoman who for decades has been in the business of buying, selling, breeding and showing horses, knowingly assumed the risk of being kicked by her horse ( see, Rubenstein v. Woodstock Riding Club, 208 A.D.2d 1160, 1160-1161; see generally, Morgan v. State of New York, 90 N.Y.2d 471, 484-486; Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650, 657; Turcotte v. Fell, 68 N.Y.2d 432, 438-439). The risk of being injured is an ordinary, usual and inherent risk of working with animals such as horses ( see, Rubenstein v. Woodstock Riding Club, supra, at 1161, cited with approval in Morgan v. State of New York, supra, at 484; see also, Turcotte v. Fell, supra; Arbegast v. Board of Educ., 65 N.Y.2d 161; Harrington v. Colvin, 237 A.D.2d 992, lv denied 90 N.Y.2d 808; Hammond v. Spruce Meadow Farm, 199 A.D.2d 1014). In reaching our conclusion, we note the "considerable experience of plaintiff in showing horses, "her admitted familiarity with the particular horse and premises, and her awareness and appreciation" of the very risk that eventuated ( Hammond v. Spruce Meadow Farm, supra, at 1014; see also, Rubenstein v. Woodstock Riding Club, supra, at 1161). Under the circumstances, defendants fulfilled their legal duty to plaintiffs, which was "`to make the conditions as safe as they appeared to be'" ( Morgan v. State of New York, supra, at 484, quoting Turcotte v. Fell, supra, at 439).

Present — Denman, P. J., Pine, Pigott, Jr., Callahan and Boehm, JJ.


Summaries of

Lewis v. Erie County Agricultural Society

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1114 (N.Y. App. Div. 1998)
Case details for

Lewis v. Erie County Agricultural Society

Case Details

Full title:CYNTHIA LEWIS et al., Respondents, v. ERIE COUNTY AGRICULTURAL SOCIETY et…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 31, 1998

Citations

256 A.D.2d 1114 (N.Y. App. Div. 1998)
684 N.Y.S.2d 733

Citing Cases

Goodlett v. Kalishek

Morgan v. State, 90 N.Y.2d 471, 484 (1997). Thus, for example, the risks of being bumped or kicked by a horse…