In Poole v. Ogiejko , a Bobcat "Skid-Steer" operated by Charles Coperhaver ran over Thomas Poole's foot while the two were removing bushes from Jane Ogiejko's property.
After the Suffolk County Supreme Court granted Ogiejko's request to dismiss the personal-injury case, Poole appealed to the Appellate Division, Second Department.
While a landowner has a duty to keep her land in a reasonably safe condition, since Poole's injuries resulted from his voluntary actions, and weren't directly attributable to the property, the AD2 didn't think there was a duty or obligation to protect Poole from the events that unfolded. (Ogiejko hadn't supervised or controlled the work nor was Coperhaver acting as the owner's "agent" at the time of the accident.)
Apparently, Poole lost his footing.
To view a copy of the Appellate Division's decision, please use this link: Poole v. Ogiejko