684 N.Y.S.2d 733 | N.Y. App. Div. | 1998
—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 AD2d 1160, 1160-1161; see generally, Morgan v State