Keeneland Ass'n v. Prather
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The Supreme Court reversed the decision of the court of appeals reversing the trial court's grant of summary judgment in favor of Defendants in this personal injury action, holding that the trial court properly granted summary judgment.
Roy Prather was crossing a path between barns at a horse sale at Keeneland Association when a horse broke loose from his handler. While attempting to flee, Prather fell and fractured his shoulder. Prather and his wife (together, Plaintiffs) filed suit against Keeneland and Sallee Horse Vans, Inc., the transportation company that agreed to transport the horse to its destination (together, Defendants), alleging negligence. The trial court granted summary judgment for Defendants, finding that the claims were barred by Ky. Rev. Stat. 247.402, a provision of the Farm Animals Activity Act (FAAA). The court of appeals reversed, raising a new legal theory sua sponte. The Supreme Court reversed, holding that the FAAA applied and that summary judgment was properly granted.
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