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Negligence

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Plaintiff, a rider in an endurance horse race who was injured when defendant’s horse bolted after being kicked by a tailgating horse, could not recover in negligence action because she had assumed the risk; horse tailgating and its dangerous aftermath are a normal part of that sport.   Read More

Lawsuit alleging that defendant had contaminated real property through its ordinary business operations on the site, which it had used as a bulk terminal for petroleum products, was barred by three-year statute of limitations applicable to injuries to real property.   Read More

Youth soccer league owes duty of care to child participants to perform criminal background checks on adult volunteers and employees, but no duty to warn or train the children or their parents about the risk of sexual misconduct.  Read More

In suit by fitness club member who slipped on shower room floor and broke his arm, summary judgment was properly entered in favor of fitness center since membership agreement contained a release of claims of ordinary negligence, and plaintiff did not plead or prove gross negligence.  Read More

Summary judgment for defendant casino is reversed as questions of fact exist about whether casino was a common carrier, subject to a stricter standard of care, in providing a van to transport gamblers to and from an adjoining town.  Read More

Employer was entitled to judgment NOV in a negligence case brought against a plaintiff injured by employee’s negligent driving of his own car on his way home from work, since the employee’s commute was subject to the “going and coming rule.”  Read More

Defendant church owed a duty of care to persons using its parking lot to avoid exposing them to an unreasonable risk of harm—even though the risk was from conditions on the busy road adjoining the parking lot, which the church did not own.  Read More

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