Turcotte v. Fell
Court of Appeals of New York
502 N.E.2d 964 (1986)
Relevant factsFree
Professional jockey Turcotte (plaintiff), injured and paralyzed after his horse tripped during a race, testified that horses veering into other lanes and "cupping" track conditions were both common, known risks he had personally experienced before; he sued fellow jockey Fell, horse owner Reynolds, and track operator NYRA (defendants) for negligence.
IssueFree
Whether a plaintiff who elects to participate in a sporting activity consents to the risks associated with the activity that are known, apparent, or reasonably foreseeable.