TURCOTTE V. FELL, 502 N.E.2d 964 (1986) CASE BRIEF

TURCOTTE V. FELL

502 N.E.2d 964 (1986)

NATURE OF THE CASE: Turcotte (P) appealed a judgment by the Appellate Division granting summary judgment for Fell (D), coparticipant and employer of coparticipant, and denying summary judgment for D, owner of sports facility, in negligence action by P who was a jockey injured in race.

FACTS: Turcotte (P) is a former jockey. He achieved international fame as the jockey aboard 'Secretariat' when that horse won the 'Triple Crown' races in 1973. On July 13, 1978 P was injured while riding in a race at Belmont Park. The racetrack is owned and operated by New York Racing Association (D1). Jeffrey Fell (D) was in the second pole position riding 'Small Raja', a horse owned by David P. Reynolds (D2). P's horse clipped the heels of 'Walter Malone' and then tripped and fell, propelling P to the ground and causing him severe personal injuries which left him a paraplegic. P sued Ds charging common-law negligence and of violating the rules of the New York Racing and Wagering Board regulating 'foul riding,' respondeat superior, and that D1 'negligently failed to water and groom that portion of the racetrack near the starting gate or watered and groomed the same in an improper and careless manner' causing it to be unsafe. The court granted the motions of D and D2 for summary judgment, holding that Turcotte, by engaging in the sport of horseracing, relieved other participants of any duty of reasonable care with respect to known dangers or risks which inhere in that activity. Finding no allegations of Fell's wanton, reckless, or intentional conduct, it dismissed the complaint. D1 was denied summary judgment for its alleged negligent maintenance of the track. The Appellate Division affirmed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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