Sara Nigro sued the New York Racing Association--operators of Belmont Park--for injuries she sustained after a horse fell on top of her.
Nigro, who worked as an exercise rider, was traveling on a dirt path when she approached a familiar intersection covered in gravel. As the horse attempted to cross, it slipped and fell to the ground, pinning Nigro underneath.
Both the Nassau County Supreme Court and the Appellate Division, Second Department, thought the lady didn't have a case because anyone who engages in a sport or recreational activity consents to the inherent risks--particularly those that are "open and obvious."
Was there no letting that ride?
To view a copy of the Appellate Division's decision, please use this link: Nigro v. New York Racing Assn. Inc.