Johnson v. Waugh

—Cardona, P. J.

Appeal from a judgment of the Supreme Court (Tait, Jr., J.), entered July 31, 1996 in Madison County, upon a decision of the court in favor of plaintiff.

*734This appeal arises out of a motor vehicle accident which occurred when plaintiff struck a standardbred race horse while driving a dump truck in a westerly direction on Ottman Road in the Town of Vernon, Oneida County, in front of a farm where the horse had just been unloaded from a trailer. Defendant Bernard Waugh, the trainer of the horse, had removed the horse from the trailer and was leading it away when it unexpectedly…