Phone Home--a thoroughbred racehorse--was injured when its jockey's repeated warnings (that he wasn't ready) went unheeded and the horse ending up crashing riderless into a rail.
When the animal's owner later filed suit seeking compensation, the Queens County Supreme Court threw the case out because it thought the risks associated with the event had been knowingly accepted.
On appeal, the Appellate Division, Second Department, thought that dismissal was premature--particularly since the race operator hadn't shown that its employees' conduct hadn't increased the risks that are usually a part of the sport.
There was no caging them in.
To view a copy of the Appellate Division's decision, please use this link: Zayat Stables, LLC v. NYRA, Inc.