Plaintiff, a jockey, was seriously injured in a race when another jockey, Daring, cut too sharply in front of her without adequate clearance. The two horses collided, causing Plaintiff to fall to the ground, sustaining injury. The State Racetrack Commission ruled that, by cutting in too sharply, Daring committed a foul in violation of racetrack rules requiring adequate clearance for crossing lanes. Plaintiff has brought an action against Daring for damages in which one count is based on battery.
Will Plaintiff prevail on the battery claim?
A. Yes, if Daring was reckless in cutting across in front of Plaintiff’s horse.
B. Yes, because the State Racetrack Commission determined that Daring committed a foul in violation of rules applicable to racing.
C. No, unless Daring intended to cause impermissible contact between the two horses or apprehension of such contact by Plaintiff.
D. No, because Plaintiff assumed the risk of accidental injury inherent in riding as a jockey in a horse race.
{ 13 comments }
