Smith v. Hunting View Farm

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiffs commenced this action seeking damages for personal injuries sustained by their daughter while she was helping to groom a horse at defendant Hunting View Farm, operated by defendant Deborah Ferrentino. Defendants moved for summary judgment dismissing the complaint, contending that plaintiffs’ daughter assumed the risk of injury inherent in horse training.

Supreme Court erred in denying the motion. Assumption of risk is a defense that applies to those injuries sustained as a…