Duszynski v. B & T Riding Academy, Inc.

The issue involved is whether the release signed by the plaintiff is void by law as being against public policy.

Plaintiffs in their statement of facts cite only that portion of the release which provides:

“. . . to release its agents and employees, from all claims for loss, damage or injury, except such as are caused by its or their gross negligence.”

The release contains the following language not cited by plaintiffs:

“The undersigned recognizes that the horse is a creature capable of and given to independent action and assumes the entire risk and responsibility for damage or injury suffered or…