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$170,000 settlement at mediation for a 50 year old man thrown from a horse at the Jamaica Bay Riding Academy when the animal broke into a gallop. Plaintiff suffered an intra-articular distal radius fracture in his non-dominant arm that required surgery. Plaintiff was a novice rider and had explained to the guide that the horse seemed agitated and was not responding. The guide told plaintiff he would be fine and took no steps to examine the horse. We retained a horse expert that explained the horse was agitated due to his grazing muzzle which was ill-fitting and which impairs the horses breathing. Defendant argued the rider “assumes the risk” when partaking in a dangerous activity, to which we responded that plaintiff does not assume the risk of negligent conduct on behalf of the staff.
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