FOR BREAKING NEWS VISIT WWW.QNS.COM JUNE 13, 2019 • QUEENS BUSINESS • THE QUEENS COURIER 41
WHOA, NELLY!
Q: I was only sixteen. At a dude ranch, I decided to go horseback riding. A horse
wrangler gave us instructions, and accompanied us. At the end, during the dismount, Roy
instructed me to lean on him. When I did, my leg made contact with Nelly’s side. She became
jittery and jumpy. Roy moved away from me and towards Nelly’s head, to tame her. His moving
caused Nelly to move away; I was left with nothing to grab onto, and fell. A: The defendant will surely claim that it is immunized by the doctrine of ‘primary
assumption of the risk’, under which participants in a sporting activity assume commonlyappreciated
risks inherent in the activity. An assessment of whether you assumed a risk depends
on (a) its openness and obviousness, (b) your skill and experience, (c) your conduct, and (d) the
ranch’s conduct.
In one well-known case, an adult was a show manager for a saddle-horse association.
She had just completed the tallying of some scores and was headed toward the announcer's booth.
Before crossing the track, this manager admonished someone to put a bridle on her horse.
Instead, the horse took off galloping – and minutes later struck the manager. The Court held that
the manager, as an experienced participant in competitive horse shows, was aware of the dangers
associated with horses and assumed the risk of being injured by a horse at the racetrack.
Here, the ranch will claim that, aware of the risks associated with horseback riding,
you assumed the risk of falling from your horse if the animal would make a sudden and
unintended move. Your attorney will forcefully respond that you were a novice. Moreover, you
should not have been provided with so nervous a horse, the wrangler should have handled the
situation better, and his conduct unreasonably increased the risks. Clearly, you were confronted
with a dangerous condition over and above the usual dangers that are inherent in horseback
riding.
718.260.5250 • www.citytech.cuny.edu
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Met Fresh Supermarket Opens
First Queens Location
Family-Owned Supermarket Inks Deal in Whitestone, New York
The 12,000-square-foot retail building at the former site of Strawberry Farms
supermarket in Whitestone, New York. Photo: CoStar
Met Fresh Supermarket officially opened its first Oueens location.
The family-owned supermarket chain leased a 12,000-square-foot retail
building in Whitestone, New York.
The single-story structure at 24-11 150th St. delivered earlier this year in
March. The site previously served as a Strawberry Farms supermarket for
more than 30 years until it was destroyed in a fire.
Met Fresh Supermarket currently has three locations in Brooklyn. The
full-service supermarket also has a free delivery service for its customers.
Dino Vlaikos with WinZone Realty represented the landlord, a private
investor based in Pompano Beach, Florida.
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