Bloomer v. Shauger, 94 A.D.3d 1273 (N.Y.A.D. 2012)

(plaintiff filed personal injury claim based on negligence and strict liability after losing a finger in bizarre accident; defendant, plaintiff’s neighbor, owned two horses that were inseparable; one horse died and defendant began digging grave for horse; after little progress had been made, plaintiff came to the property and finished digging the grave; plaintiff put his hand on halter of distressed horse when defendant returned to area with lead line, which spooked horse and caused horse to move head and sever plaintiff’s finger; defendant moved for summary judgment and trial court granted motion; appellate court affirmed on both counts; negligence claim dismissed because state no longer recognizes common law negligence claim for injuries caused by domestic animals; horse’s demeanor on the day was not atypical or a dangerous propensity nor was normal activity of walking away from lead line cause of plaintiff’s injury, so claim dismissed).