Appellate Division of the Supreme Court of New York, 1983

Coxson v. Gerry Volunteer Fire Department, Inc.

Coxson v. Gerry Volunteer Fire Department, Inc.
Appellate Division of the Supreme Court of New York · Decided December 16, 1983
98 A.D.2d 983; 470 N.Y.S.2d 222; 1983 N.Y. App. Div. LEXIS 21323
Coxson v. Gerry Volunteer Fire Department, Inc.

Opinion of the Court

— Judgment unanimously affirmed, without costs. Memorandum: Plaintiff Louise Coxson was struck and injured by a runaway horse while attending a rodeo sponsored by defendant and held on its land. This appeal is from a judgment entered after a jury verdict in favor of defendant. The trial court did not err in refusing to charge the jury that if they found “that Mrs. Coxson was a paying guest on the defendant’s premises, the defendant owed a very high level of care to plaintiff for her safety.” There is no higher standard of care required than reasonable care (see Basso v Miller, 40 NY2d 233). (Appeal from judgment of Supreme Court, Chautauqua County, Gossel, J. — negligence.) Present — Dillon, P. J., Hancock, Jr., Green, O’Donnell and Schnepp, JJ.

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