Assumption of the Risk Doctrine upholds dismissal against Equine Stable

Soloman v. Taylor, 2012 Slip. Op. 512954 was handed down on January 19, 2011 by the Third Department. Plaintiff appealed the granting of summary judgment in favor of the defendants on the theory that the plaintiff’s recovery for an injury sustained while horseback riding was barred by assumption of the risk.

The facts of the case were that the plaintiff was riding her horse which was boarded at defendants’ stable. Based upon the plaintiff’s prior experience with horses and her training, the court upheld the dismissal.