- Ag Docket
The adult plaintiff sought to recover damages from the defendant, a horse farm, for injuries she sustained when being thrown from a horse during a riding lesson conducted at the defendant’s facility. The defendant sought summary judgment on the grounds that the plaintiff had signed a waiver, acknowledging that she assumed all of the risk and danger incidental to the activity. The plaintiff argued that the defendant was aware of the horse’s vicious propensities and that it had failed to properly instruct her accordingly. In granting summary judgment to the defendant, the court found that the plaintiff’s claims were barred as a matter of law because she signed the unambiguous release form voluntarily. N.Y. General Obligations Law §50326 was inapplicable because the purpose of that statute was to prevent amusement parks and similar institutions from enforcing exculpatory clauses printed on tickets of which the public was generally unaware. Places of instruction and training are outside the scope of the statute. There was no evidence that the defendant concealed the alleged vicious propensities of the horse from the plaintiff. Myers v. Doe, No. 11-20800, 2014 N.Y. Misc. LEXIS 4186 (N.Y. Sup. Ct. Sept. 15, 2014).
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