Plaintiff Ursula Karven-Veres (“Plaintiff” or “Karven”), upon information and belief and upon personal knowledge as to her experiences and by and through her attorneys at Balestriere Fariello 225 Broadway, 29th Floor, New York, NY 10007, alleges as follows :
1. This is a personal injury action brought against Defendant Winley Farm LLC (“Winley Farm”) for its negligent and grossly negligent failure to provide a reasonably safe horse for Karven to ride while filming on the set of a motion picture.
JURISDICTION AND VENUE
2. This Court has subject matter jurisdiction over this action based on diversity of citizenship, pursuant to 28 U.S.C. § 1332(a)(2) as Plaintiff is a citizen of a foreign country and Defendant is a citizen of New York state.
3. Defendant Winley Farm LLC is a New York corporation with its principal place of business located in Dutchess County, New York, at 33 Winley Crescent, Millbrook, New York 12545.
4. The amount in controversy exceeds $75,000.
5. The venue is proper in this District, pursuant to 28 U.S.C. § 1391 as the incident occurred in Dutchess County, New York.
6. Plaintiff Ursula Karven-Veres is a resident and citizen of the Federal Republic of Germany where she works as an actress and also owns and operates several yoga and nutrition lifestyle brands for which she is also a spokeswoman. Karven was injured on August 11, 2015, during a rehearsal prior to the filming of a motion picture at Winley Farm, in this District, while test-riding a horse selected by Winley Farm to appear in the motion picture.
7. Defendant Winley Farm is a state of the art equine facility which sits on 155 acres of paddocks and wooded areas in Dutchess County, New York. In addition to farm grounds dedicated to the breeding, training, and sale of horses, Winley Farm includes a barn facility comprised of thirty four 12×12 stalls, six 16×12 broodmare stalls with extra-wide doors, an indoor horse walker, a 200 x100 indoor ring with a heated viewing area, an onsite veterinary laboratory and a barn manager who lives on the premises.
STATEMENT OF FACTS
8. Plaintiff Ursula Karven was cast as the lead female role in a German motion picture. The role required rudimentary horseback riding capabilities, specifically to be sitting on a horse and starting and stopping the horse.
9. Karven accepted the role and was clear at all relevant times that her horseback riding capabilities were limited, and that she was capable of sitting on a horse and starting and stopping a horse.
Tuesday, January 31, 2017
Case dismissed without prejudice. The court lacks subject matter jurisdiction, according to judge.