Rigley v. Utter

Appeal from a judgment of the Supreme Court (Doyle, J.), entered April 24, 2007 in Schoharie County, upon a decision of the court in favor of plaintiff.

Defendant’s unleashed dog crossed the road in front of plaintiff, who was driving his motorcycle at the time. To avoid hitting the dog or careening into the ditch at the shoulder of *756the road, plaintiff intentionally laid his bike down. He thereafter commenced this action to recover for serious injuries he suffered in this accident. Supreme Court (Lamont, J.) denied defendant’s motion for summary judgment. After a nonjury trial, Supreme Court…