Kerrick v. Finger Lakes Racing Ass'n

— Order unanimously reversed on the law with costs, motion denied and cross motion granted in the exercise of discretion. Memorandum: Plaintiff was injured when she was kicked by a thoroughbred race horse that she was leading from an exercise area to a barn at defendants’ race track. The complaint alleges that defendants were negligent in the construction and maintenance of an open ditch or culvert for the drainage of surface waters when they knew or should have known that thoroughbred horses are frightened by the presence of running water. Following discovery, defendants brought a motion for…