Turcotte was a professional jockey. During a race, his
horse clipped Fell's horse and he was thrown. He sued Fell for negligence.
Turcotte claimed that Fell was violating regulations and
standards by cutting in front of Turcotte. Fell's behavior was
prohibited by rules and would have resulted in his disqualification from
the race for cheating.
The Trial Court granted summary judgment to Fell and
dismissed the case. Turcotte appealed.
The Trial Court found that Turcotte had assumed the
risk inherent in horseracing, and that relieved other riders of any duty
or any reasonable care with respect to known dangers.
The Appellate Court affirmed. Turcotte appealed.
The New York Supreme Court affirmed.
Fell's duty under the circumstances is a duty to exercise
care to make the conditions as safe as they appear to be.
Turcotte consented to be in the race, but did not
consent to acts which are reckless or intentional.
The New York Supreme Court found that Turcotte recognized
that horses due cut in front of one another during a race, and it is
often a matter of judgment as to whether the activity is legal or not.
Therefore, the risk of getting cut off and tripped up was recognized by
Turcotte and he has implicitly consented to relive Fell of the legal duty
to use reasonable care to avoid crossing into his lane of travel.
Fell's conduct didn't meet the standard of being
'flagrant' or 'reckless'.
