(Download) "Christy J. Arbegast v. Board Education South New Berlin Central School" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Christy J. Arbegast v. Board Education South New Berlin Central School
- Author : Court of Appeals of New York
- Release Date : January 06, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
[65 N.Y.2d 161 Page 162] Opinion OF THE COURT The system of comparative causation established by CPLR article 14-A encompasses both the strict liability of an owner of a domestic animal to a person injured as a result of the animal's vicious propensity and the assumption of risk implied from the injured person's use of or contact with the animal with actual or constructive notice of such propensity. It does not, however, cover the express assumption of risk by the injured party. Plaintiff, a participant in a donkey basketball game, would have been entitled to a jury instruction on comparative causation based on implied assumption of risk as she requested had she not testified that she was informed by defendant's employee prior to her participation that she participated at her own risk. In view of that testimony, however, her participation in the games constituted an express agreement on her part to assume the risk, entitling defendant to the direction of a verdict in its favor. The order of the Appellate Division, affirming the judgment for defendant entered on the jury's special verdict, should, therefore, be affirmed, with costs.