Erie Co. Agricultural Society Lewis v. 684 N.Y.S.2d 733 Summary of Opinion Plaintiff Lewis was kicked by her own horse at a horse show run by defendants. The Appellate Division concluded that because she was a highly experienced equestrienne, plaintiff understood the risks of working with animals and assumed the risk that she might be kicked by her own horse at defendant s horse show. Therefore, she could not sue defendant for that injury.
Defendants appeal from an order denying their motion for summary judgment dismissing the complaint.
Defendants contend that, as a matter of law, plaintiff assumed the risk of being kicked by a horse and that, in any event, her injuries were not proximately caused by defendants' alleged negligence.