After she was thrown from a horse, Lynette B. sued the stable operator, the Bronx Equestrian Center, and the City of New York, to recover damages for her injuries.
When the Bronx County Supreme Court declined to dismiss the case the defendants appealed to the Appellate Division, First Department, which reversed and threw the case out.
Not only did Lynette assume the risks of injury when she engaged in the activity, but there was no evidence the stable had been reckless or exposed her to an increased possibility of harm. And since the City had no involvement in the operation of the stable and there were no defects in the park where Lynette rode that contributed to the accident, the City was also found not to be a proper party to the suit.
Well, that horse is out of the barn….
To view a copy of the Appellate Division’s decision, please use this link: B. v. Bronx Equestrian Ctr., Inc.