Coxson v. Gerry Volunteer Fire Department, Inc.

Appellate Division of the Supreme Court of New York

Coxson v. Gerry Volunteer Fire Department, Inc.

98 A.D.2d 983, 470 N.Y.S.2d 222, 1983 N.Y. App. Div. LEXIS 21323

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 16, 1983

StatusPublished

This text of 98 A.D.2d 983 (Coxson v. Gerry Volunteer Fire Department, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coxson v. Gerry Volunteer Fire Department, Inc., 98 A.D.2d 983, 470 N.Y.S.2d 222, 1983 N.Y. App. Div. LEXIS 21323 (N.Y. Ct. App. 1983).

Pincite

Opinion

— 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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— 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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Bluebook (online)

98 A.D.2d 983, 470 N.Y.S.2d 222, 1983 N.Y. App. Div. LEXIS 21323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coxson-v-gerry-volunteer-fire-department-inc-nyappdiv-1983.

Opinion

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