This is my dog, sweet little gentle thing:
This is my dog on ducks:
Posted on 09/16/2009 6:51:43 AM PDT by frithguild
The month after Barbara Ann Stanislav and William J. Papp Jr. saw each other's profiles on the Internet dating site Match.com in 2005, the two horse lovers made plans to go on a date to a Westchester, N.Y., stable.
According to Stanislav, whose equestrian skills were a bit rusty, Papp assured her that he would give her a gentle, safe horse to ride.
But on their third date, when the two met on a winter afternoon, the day took a tragic turn.
As Papp and another rider were performing jumps, Stanislav was seriously injured when her horse "Teddy" suddenly lunged forward, causing her to fall and hit her head.
Two years later, Stanislav, sued Papp, claiming he failed to provide her with an obedient horse and did not adhere to her request to ride slowly and carefully.
But last week, Manhattan Supreme Court Justice Walter Tolub held in Stanislav v. Papp, 101049/08, that Papp was not responsible for his date's injuries.
"Plaintiff offers no evidence that Defendant knew that Teddy had dangerous propensities or that Teddy actually had dangerous propensities. The only evidence is that Plaintiff voluntarily mounted Teddy and proceeded with this recreational sporting activity," the judge wrote.
"Neither the fact that Mr. Papp provided the means for their trail ride, nor the fact that Mr. Papp was aware that Plaintiff had not been horseback riding for a number of years, provides a legal basis for Plaintiff to recover damages from her date," Tolub concluded in granting Papp summary judgment.
Stanislav and Papp both posted on Match.com photographs of themselves on horseback. The two met in New York City in January 2005. During their first date, Stanislav told Papp she started riding 20 years earlier in Kansas, when she owned two horses.
Though she had not ridden for several years, Stanislav expressed an interest in getting her skills back. For his part, Papp had two years of equestrian experience and owned a horse.
The couple met on an afternoon in February 2005 in upper Westchester County at a private stable, where they were joined on a trail ride by groomer Christopher DePhillipis.
Stanislav borrowed gear from Papp and claimed she told him repeatedly that she needed a slow, gentle horse. Papp allayed her concerns, she said, assuring her that he would find her a horse that matched her ability.
"[I]n the equestrian world, there is a way equestrians take care of each other," Stanislav testified.
According to the decision, Stanislav had trouble mounting Teddy, a small Appaloosa selected for her by DePhillips. On the trail, Teddy tried to keep up with the larger horses, and did not obey her command to slow or "half halt," Stanislav claimed.
Papp and DePhillipis eventually went off to try some jumps and Stanislav opted to meet up with them on the trail. Later, Teddy unexpectedly lunged forward, causing her to fall.
She was helicoptered to a nearby hospital, and subsequently underwent spinal fusion, a craniotomy, and several eye surgeries, according to her attorney, Robert Becker of Becker & D'Agostino.
Following the accident, Papp and Stanislav remained in touch for about two years.
According to Papp's attorney, Leonard Toker of Hoey King Toker & Esptein, who serves as in-house counsel to the Chubb Group of Insurance Companies, Stanislav "needed a helping hand." At one point, his client took her to a doctor's appointment, Toker said, adding that the pair mainly corresponded by e-mail.
Papp was "shocked" when Stanislav filed the negligence suit, Toker said.
RISK DOCTRINE
Tolub held that under the assumption of risk doctrine, individuals who participate in recreational activities can be deemed to have consented to injury-causing events that are known, apparent or reasonably foreseeable consequences of the participation, Tolub wrote.
Injury caused by the sudden and unintended actions of horses is an inherent risk in riding, he wrote.
And the judge said it was clear from the plaintiff's testimony that she was under no compulsion to ride with Papp.
Stanislav acknowledged that she did not express concerns about Teddy before the ride or "express a desire to end" it before the accident occurred, Tolub wrote.
And the judge noted that the nature of the couple's relationship "did not obligate Defendant to assess Plaintiff's level of expertise and experience."
He concluded, "Neither Plaintiff's lack of recent riding experience, nor her requests for assistance when she found herself unable to control the horse, created a duty of care on Defendant's part to prevent her from the risks associated with horseback riding."
Becker said his client, Stanislav, continues to suffer permanent injuries, including seizure disorder, and has not worked since the accident. She has not decided whether to appeal.
Toker said he thinks Stanislav, who was "badly injured" and has hit "hard financial times," brought the suit as a way of tapping into Papp's insurance policy, which covered him for negligence occurring outside the home.
From the article:
“the two horse lovers made plans to go on a date to a Westchester, N.Y., stable. “
“But on their third date, when the two met on a winter afternoon, the day took a tragic turn. “
“Following the accident, Papp and Stanislav remained in touch for about two years.”
“Two years later, Stanislav, sued Papp, claiming he failed to provide her with an obedient horse . . . “
IOW, They decided to go horseback riding on a date. On their third date, she fell. After dating for another two years, out of the blue she sues him.
What is wrong with this picture????
Yeah, like run INTO something, or off into a ditch or hole, or . . .
Horses will stay upright on their own and not *usually* run into things (some are smarter than others). The more sensible ones will keep you from taking stupid risks.
Also, a horse can jump a fence or a stone wall without the aid of a dirt ramp.
What brand do you recommend? I have a Troxel event helmet, the one that probably needs to be replaced is an International (I used to represent them!)
I'm just sick that my mare is permanently unsound. She has more sense than some people. I have a chance to get her on with the Special Olympics, she'll be perfect for them and has worked for them before. People didn't believe she was the same horse I hunted on when they saw her carrying those little kids like they were made of fine china. If one of them overbalanced in one direction, she would shift sideways to get under them and bear them up . . .
I just don't know if I'm ever going to find a horse to measure up to my baby.
She was looking at big medical bills, and the statute of limitation for personal injury was about to run. In most states, it’s two years.
If I had a dollar for every big-talking newbie who shows up at the barn claiming to be an "expert rider", I could retire right now and live the high life.
That's why most stables make you take a private lesson for "evaluation" before they'll let you ride.
This is my dog, sweet little gentle thing:
This is my dog on ducks:
LOL! My dog, an Australian Shepherd/Border Collie, 70 pounds of gentle obedience, has killed and buried more than one duck in the back yard. I think he’s trying to save them for a rainy day.
If I had a dollar for every big-talking newbie who shows up at the barn claiming to be an “expert rider”, I could retire right now and live the high life.
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True that! :o)
They're expensive, so we use them in training until the dogs won't touch them. I actually saw one that was held together with duct tape . . . somebody said it was the first time they'd ever seen "duck tape" used for its intended purpose . . . whooweee those things get ripe!
The Geese Police use BCs and Aussies to scare Canadas off corporate lawns . . . . but usually they don't catch them. Labs of the hunting persuasion LIVE to catch ducks and geese. Hopefully they're dead when they get to them, but not always.
Have they mentioned whether ‘Teddy’ has filed suit yet?
This time next year he’ll be able to file.
Just when you think you’ve heard it all.....
I like the Charles Owens helmets. They have a model with extra padding behind the occipital surface of your brain, where you may well land if you fall off and land back-down. My doctor recommends this model and bought one for herself, and I was very damn glad of it last weekend. I think any good helmet would have saved me from a skull fracture but perhaps only this one would have prevented a concussion.
I am so sorry to hear about your beautiful mare. She seems to be remarkably talented. Maybe the Special Olympics would be a great way for her to spend her time.
And don’t fear. We all feel that we’ll never again find that perfect, once-in-a-lifetime horse, but there are more out there, and if we stay with horses we find that there are actually several such in a lifetime. I am riding one such myself right now, another beautiful black TB mare, 17.1, 5, and sweet as a peach. It may be that another wonderful horse is waiting to love you.
Miss Gracie is a splendid girl . . . the ONLY criticism I have ever had of her is that she's always been too slow to catch cold. When we hunted we would drift back and back during the day, until we were riding with the hilltoppers and the kids on ponies. We'd catch up when the hounds checked, then the process would begin all over again . . . but in the hunter ring the judges LOVED her smooth deliberate style.
Never rode a horse that could jump out of its stride better -- until she had to drop her hocks and reach back for a big one (around 3'4 or so was where you really noticed it) her jump just felt like a lengthened stride. And a perfect lady.
She's 27, no frank injury the vet can find (without an MRI which there's no point in taking), just a faint irregularity on the right fore that's more pronounced early in the morning before she gets warmed up. We're guessing it's her knee, and 6-8 months rest had no effect on it at all. Probably just old age.
I'm sure she's not the only lovely 16hh T'bred mare in the world . . . but right now I'm feeling rather down and disappointed.
That’s only if you’re inattentive enough to ride into a ditch or hole. I prefer not to ride in such a haze that I don’t see such things and avoid them. On the other hand, bikes never step into gopher holes and break their legs, bikes don’t get infections if they get a stone caught in a tire, and bikes don’t freak and throw you off just because they saw a stick that looked vaguely snake-like.
A good horse will spot and avoid holes as well as ant beds, low boggy places, and so forth. They're subject to all sorts of ailments (never had one get an infection from a stone bruise though) but they never throw a rod and they don't run out of . . . grass.
That's the difference between a living creature with a brain and a lump of iron.
I just prefer the predictability of the bike. Not disparaging horses (being here in TX, we do have a fair number of them around). As to low, boggy places - those are the most fun!
The Judge ruled correctly.
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