Joseph v. New York Racing Ass'n
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mastro, J.
This appeal presents us with an opportunity to discuss the principles underlying the doctrine of primary assumption of risk, and to apply those principles to the facts in the matter before us. Upon doing so, we must conclude that the plaintiffs’ action to recover damages for personal injuries, based upon the injured plaintiffs fall from a horse on January 23, 1999, at Belmont Race Track, is barred by that doctrine.
As revealed during his lengthy déposition, the plaintiff Gobin Joseph (hereinafter the plaintiff) was a highly skilled and experienced professional…
2Cases cited29 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Turcotte v. FellNew York Court of Appeals · 1986
- Maddox v. City of New YorkNew York Court of Appeals · 1985
- Owen v. R.J.S. Safety Equipment, Inc.New York Court of Appeals · 1992
- Lamey v. FoleyAppellate Division of the Supreme Court of the State of New York · 1993
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