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New Law Cases for Horsemen

Goldman v. Graber Post Bldgs., Inc.
No evidence to show agency connection required to connect business to the accident.  Added January 31, 2008

Ketchum v. City of Vallejo
Off-duty time spent in training patrol horses is compensable time.  Added January 31, 2008

Keating v. Commissioner
Business requires records, a plan, and expert Advice.  Added January 31, 2008

Bice v. City of Rexford
Ordinance requires removal of farm animals from city.  Added January 31, 2008

VanHorn v. Oelschlager
Quasi-judicial immunity does not extend to protect officials from claims against their official capacities.  Added January 31, 2008

Wilson v. Commissioner of Internal Revenue
Failure to make a profit not proof of lack of intent to make a profit.  Added October 25, 2007

State v. Wood
Horse dies after feed withheld as part of training method.  Added October 24, 2007

Stewart v. Morgan
Title by adverse possession upheld after 50 years of use.  Added October 24, 2007

Browning v. State
Statute authorizes restitution of cost of care to state.  Added October 24, 2007

McGuire v. Jewett
Road on private property does not require wagon brakes.  Added October 24, 2007

Walker v. United States
Right to forage is not implied in vested water right.  Added October 24, 2007

Thompson v. Diamond State Ins. Co.
Failure to disclose prior injury causes dismissal.  Added October 24, 2007

Goettsch v. El Capitan Stadium Association, Inc.
Man observing a rodeo through the perimeter fence is a spectator.  Added October 24, 2007

Lista v. Newton
Supreme Court, Appellate Division, Fourth Department, New York.  Added October 24, 2007

Haefler v. Winner
Permission to use thwarts claims of acquiescence and adverse possession.  Added October 24, 2007

Chadwell v. Ohio State Racing Commission
Prior decision of racing commission closes matter.  Added October 24, 2007

Rash v. Workers' Compensation Appeals board
Injuries sustained by deputy returning from shoeing his patrol horse are within scope of employment.  Added October 24, 2007

Borrelli v. Hills
Uncontrolled, equine fecal matter held to be reckless.  Added October 24, 2007

Phillips v. Baus
Veterinarian services not subject to Unfair Trade Practices Act.  Added October 24, 2007

Shuman v. New York State Racing and Wagering Board
Injection of fluid evidence of aspiration.  Added October 24, 2007

Funny Cide Ventures, LLC. v. Miami Herald Publishing Co.
News article does not cause loss of Belmont Stakes.  Added October 24, 2007

Ben v. United States
Arizona law applied to auto/horse collision on Navajo highway.  Added October 24, 2007

Jackson v. Placer County
Officers not entitled to partial immunity in face of constitutional questions.  Added October 24, 2007

Allen v. Pennsylvania S.P.C.A.
Plaintiff allowed to proceed against S.P.C.A. officers for malicious prosecution.  Added October 24, 2007

Burns v. Leap
Plaintiff's horse lacks dangerous propensities.  Added October 24, 2007

Rothing v. Kallestad
Allegedly contaminated hay kills 19 horses.  Added October 24, 2007

Mahnke v. Columbia County
Seizure of 32-year-old horse for neglect unwarranted.  Added October 24, 2007

Dalton v. Adirondack Saddle Tours, Inc.
Running horse an inherent risk not a behavior defect.  Added October 24, 2007

Baccouche v. Blankenship
City ordinance prohibits horses on valid easement.  Added October 23, 2007

Lawrence v. Big Creek Veterinary Hospital
Acepromazine use on stallion not cause of persistent erection due to significant time lapse.  Added October 23, 2007

Fishman v. Kotts
Dogs running loose in violation of ordinance not negligence per se.  Added October 23, 2007

Perry v. New Jersey State Racing
Trainer not entitled to Workmen's Compensation benefits.  Added October 23, 2007

State v. Burneson
Donated horses go missing.  Added October 23, 2007

Wolfe V. Newman
Barter contract, unenforceable in Montana, does not prevent court from awarding horse to buyer.  Added October 17, 2007

Hunt v. Richardson
Necessity of use by servient easement owners is a triable issue.  Added October 17, 2007

Lawson v. Dutch Heritage Farms, Inc.
Statute designed to protect industry, anyone present at an equine activity comes under statue.  Added October 17, 2007

Redmond v. The Jockey Club
Right to name thoroughbred horse not constitutional.  Added October 17, 2007

Daley v. Grajec
Application by suspended trainer for license in another state fails.  Add October 17, 2007

State v. Foxx
Defendant gets fine and jail time for allowing cattle to run at large.  Added October 16, 2007

Turner v. United States Department of Agriculture
Despite inaccuracies in forms, decision finding horse sore affirmed.  Added October 16, 2007

Clyncke V. Waneka
Instruction regarding interpretation of statute reversible error.  Added October 16, 2007

Thompson v. Diamond State Insurance Company
Advertising, trips, and a non-resident agent's license insufficient contact for jurisdiction.  Added October 16, 2007

In re White
Recovery precluded by prior litigation.  Added October 16, 2007

Thompson v. Faddis
Ambiguous lease purchase agreement results in secondary, criminal litigation.  Added October 16, 2007

Rose v. Triple Crown Nutrition, Inc.
Court refuses to dismiss jockey's suit for unauthorized use of winning Preakness ride.  Added October 16, 2007

La Sans Kirkland v. Raleigh Hall
Primary assumption of risk bars recovery from mounting accident.  Added October 16, 2007

Miller v. Blacktype Farm
Residence alone does not determine 24-hour employment.  Added October 16, 2007

Bennett v. United States Department of Agriculture
Exhibitors must permit inspection of a Tennessee Walking Horse even if he believes it to be unreasonable.  Added October 16, 2007

Carmouche v. Yates
Contractor had no trucks on the premises and could not have spooked the horse.  Added October 9, 2007

Empacadoras de Carnes de Fresnillok S.A. de C.V. v. Curry
Horse slaughter houses in violation of Texas law.

Rutecki v. CSX Hotels, Inc.
Breech of horseman's duties must proximately cause the injury.  Added October 8, 2007

Joyce Livestock Company v. United States of America
Application for water rights can amount to putting the water to beneficial use.  Added October 8, 2007

Hincks v. Walton Ranch Company
Evidence as to how cow escaped overcomes summary judgment.  Added October 8, 2007

Brunell v. Kyle
Kicking horse not reasonably foreseeable so owner not liable.  Added October 5, 2007

Topping v. Commissioner of Internal Revenue Service
Equestrian Expenses necessary to design business.  Added October 5, 2007

Lopez v. Cole
Failure to file a timely claim does not constitute consent for the child to file.  Added October 5, 2007

Commonwealth of Pennsylvania v. Thompson
Couple's conviction of taunting a police animal affirmed.  Added October 5, 2007

Heil v. Minnesota Racing Commission
Court affirms dismissal of case requesting results of an examination for trainer's license.  Added October 5, 2007

Mickalich v. United States
Low flying helicopter alleged to be cause of fall during lesson.  Added October 5, 2007

Gibson v. Farmers Insurance Company of Washington
Collapse caused by horse pulling back not caused by "weight of animal."  Added October 5, 2007

Wichmann v. Travalia & U. S. Directives, Inc.

Unemployment law judge required to make finding of witness credibility. 
Added October 5, 2007

Markowitz v. Bainbridge Equestrian Center, Inc.
Clap of thunder is the type of risk that the statute is designed to immunize. 
Added October 5, 2007

De Mercado v. Superior Court
Suit for improper prepurchase exam not barred.  Added October 5, 2007

Zahnd v. Secretary of the Department of Agriculture
Examination by three officials sufficient for a determination of "sore."  Added October 5, 2007.

Save the Altadena Trails v. Traylor
Court upholds non-motorized access across private, common driveway.  Added January 8, 2007

Kyser v. Sheldon
Grazing cattle, cessation of filling. prove adverse possession. 
Added January 8, 2007

Brooks v. Goettl
Plaintiffs' expert allowed to testify regarding possible equine carriers.  Added January 8, 2007

Loman v. Freeman
University veterinarian successfully sued for performing surgery without owners' permission.
  Added January 8, 2007 

Gray v. United States Department of Agriculture
Severance of one defendant representing himself is permitted. 
Added January 8, 2007

State v. Sego
Court upholds SPCA's ownership and right to place horses for adoption. 
Added January 8, 2007

Clevenger v. Oliver Insurance Agency
Plaintiffs fail to prove enforcement of oral promise by agent only remedy. 
Added January 8, 2007

Stoffels v. Harmony Hill Farm
Matching a horse to the rider is question for jury. 
Added January 8, 2007

Reardon v. Windswept Farm, LLC
Release is against public policy when experience is on side benefiting from it.  Added December 22, 2006

Murphy v. Commissioner of Internal Revenue
Taxpayer's payment for horses held to be deductible interest.  Added December 22, 2006

Pletcher v. New York State Racing and Wagering Board
Positive substance test creates rebuttable presumption of trainer responsibility.  Added December 22, 2006

Senu-Oke v. Van Pemberton
Sanctions imposed following default judgment gained while same parties appeared in another jurisdiction.  Added December 22, 2006

In the Matter of Wilkin and Urbano
Housing for labor not covered by the Right to Farm Act.  Added December 22, 2006

Odessa Texas Sheriff's Posse, Inc. v. Ector County
Forfeiture of corporate charter proves fatal to sheriff's Posse's long-term lease.  Added December 21, 2006

Hawkins v. United States

Deputy sheriff in a volunteer mounted posse is not an officer for purpose of federal death benefits.  Added December 21, 2006

Deak v. Bach Farms
Groom thrown from horse with bad history does not collect for emotional distress but may still recover.  Added December 21, 2006

Colvin Cattle Company, Inc. v. United States
Failure to pay fee results in loss of grazing rights, not access to water.  Added December 20, 2006

Locke v. City of Corpus Christi
Horse rental operator defeated for lack of jurisdiction.  Added November 6, 2006

Samuels v. Gryder
Failure to allow inmate to wash off horse manure may be cruel and unusual punishment.  Added November 6, 2006

Reardon v. Windswept Farm, LLC
Statute preserving suit for negligence controls over waiver.  Added November 6, 2006

McConnell v. United States Department of Agriculture

Review of double suspension for soring walking horses denied.  Added November 3, 2006

Lavenda v. Rodowick

Rider assumes risk after being led.  Added November 3, 2006

Fund for Animals, Inc. v. U.S. Bureau of Land Management
Complained of action by BLM not agency action.  Added October 31, 2006

Austin v. Bear Valley Springs Association
Association fails to show it has no duty to control dogs bordering equestrian trail.  Added October 31, 2006

Anderson v. Four Seasons Equestrian Center, Inc.
Owner/rider's suit fails due to waiver.  Added October 31, 2006

United States of America v. Cardine

Court upholds bar from any employment in the equestrian industry. Added August 15, 2006.

State v. Tabor
Dragging colt behind van to halter break held cruel.  Added August 15, 2006.

Rogers v. West Valley City
Landowner intent held irrelevant in consideration of nonconforming use.
Added August 15, 2006.

O’Mara v. City of New York
Lack of helmet not proximate cause of accident.
Added August 15, 2006.

Martens v. White
Continuous possession, signs and fences establishes adverse possession.
Added August 15, 2006.

JES Properties, Inc. v. U.S. Equestrian, Inc.
USEF regulation does not violate anti-trust laws.  Added August 15, 2006.

In Re: Buchanan
Walking horse business qualifies as “family farm” for  Chapter 7 benefits. Added August 15, 2006.

Hudson v. Texas Racing Commission
Court holds absolute insurer rule is constitutional. Added August 15, 2006.

Hansen v. State
Removing property not a burglary if items are to be taken to police. Added August 15, 2006.

Gardner v. Simon
Horseowner has duty to warn of horse’s dangerous history. Added August 15, 2006.

Ferguson v. Stevens
Lack of notice or knowledge of proceeding sufficient for relief from default judgment. Added August 15, 2006.

Columbus v. Moore
Viewing horses for sale is an equine activity. Added August 15, 2006.

Campbell v. City of New York
Defendant knowingly supplied dangerous horse to mounted officer. Added August 15, 2006.

White v. White
Proof of show expenses required to raise support. Added June 27, 2006.

Thacker v. Lawrence
Conduct disorderly even though Thacker upset by barn fire. Added June 27, 2006.

Shroyer v. Klein
Deputy’s does not meet standard to avoid immunity. Added June 27, 2006.

Seward County v. Navarro
Training horses for racing not an agricultural use. Added June 27, 2006.

Rowe V. Lavaway
Auto use does not extinguish 1881 easement. Added June 27, 2006.

Carmouche v. Yates
Contractor had no trucks on the premises and could not have spooked the horse. Added June 19, 2006.

Brewer v. State
Verdict modified due to attorneys bickering. Added May 31, 2006.

Duffy v. Milder v. East Greenwich Town Council
Permission to graze and ride horses distinguished from stabling, jumping and keeping other animals such as llamas. Added May 31, 2006.

County of Cook v. Monat
Special use did not run with the land. Added April 11, 2006.

McMkenzie v. New York Jockey Injury Compensation Fund
Exercise rider covered by workmen’s Compensation regardless of expiration date of license. Added April 11, 2006

Texas Thoroughbred Breeders Association v. Donnan
Court lacks jurisdiction over breeders association. Added March 30, 2006.

Gorlin v. Jacobson
Parol evidence admitted to determine intention of parties.Added March 29, 2006.

McDermott v. Carie
Unenforceable liability release admitted as evidence of warning
. Added March 29, 2006.

Terril v. Stacy
Release protects horse owner after broken bit causes injury.  Added March 29, 2006.

Dodge v. Durdin
Employee is not a participant within the meaning of the statute. Added March 29, 2006.

Meyer v. Wasco County Assessor
This case involves a dispute over whether or not plaintiffs’ 15-acre parcel of land qualifies for the exclusive farm use zone (EFU). Added March 24, 2006

Montagne v. Commissioner Of Internal Revenue
The Montagnes were engaged in horse breeding and training activities.
Added March 24, 2006

Giles v. Commission Of Internal Revenue
Petitioner Giles was a dentist who bought a horse property.
Added March 24, 2006

Stoecker V. Stephens
This suit results from a dispute between a child’s parents and an elderly uncle who they believed had mad a gift of an older, gentle horse to the child. Added March 24, 2006

Konesky v. Wood County Agricultural Society
Plaintiff was inured during a race when a harness racing horse tossed its driver and escaped through an opening in the fence surrounding the track. Added March 24, 2006

Fitzgerald v. Coddington Stables
Plaintiff Fitzgerald, al licensed groom, was injured when the horse she was handling lunged and struck her. Added March 24, 2006

Keeney v. Mystic Valley Hunt Club
The plaintiff was injured in a fall from a horse when it lunged forward. Added March 24, 2006

Swido v. Lafayette
Mrs. Swido fell from a horse she and her husband were considering purchasing. Added March 24, 2006

In Defense of Animals v. United States Department of Agriculture
Plaintiff seeks a preliminary injunction to prevent the removal of horses from the Apache-Sitgraves National forest. Added March 24, 2006

Barrister Farm v. Upson Downs Farms
Barrister lost three horses in a barn fire at Upson Downs. Added March 24, 2006

Horse Rescue of America v. D & D Services
This is a dispute arising out of the disposal of an adopted horse. Added March 24, 2006

Jones v. St. Charles County
This is a wrongful death action filed by the decedent’s family. Added March 24, 2006

EMLAW v. Clark
The driver of a car suffered damages when the car collided with a horse. Added March 24, 2006

Hall v. Tucker
Defendant faces penalties for keeping horse after recovering for misrepresented sale.

Strauser v. Westfield Insurance
Suit against landowner's insurance company barred by statute of limitations. Added June 12, 2005

Jackson v. Placer County
County's actions sufficient to support claim of intentional infliction of emotional distress. Added June 12, 2005

United Services Automobile Association v. Dare
Duty to defend extends to incident occurring after sale of horse trailer. Added June 12, 2005

Mettler v. Nellis
Cantering on third lesson is negligent management of lesson situation. Added June 11, 2005.

Eslin v. Suffolk County
Release stating warnings and rider's experience upheld. Added June 10, 2005.

Shell v. Ohio Veterinary licensing Board
Photo inadequate to prove equipment failure. Added June 10, 2005.

Young v. Prancing Horse
Instructor for the disabled loses due to release signed with employer. Added June 11, 2005.

Lipari v. Babylon Riding Center
Plaintiff did not assume the risk of negligent guides. Added June 10, 2005.

Gabriel v. Lovewell
Farm's lack of available transport to vet a cause of filly's death. Added June 10, 2005.

Rodriguez v. Gauger
No duty to keep farm dog under constant supervision. Added May 20, 2005.

Beal v. Equine Transition Training Alliance
Costs of Care of neglected horses upheld with warning of self-representation. Added May 20, 2005.

Kernan v. Ocala Equine Hospital
Court denies motion to recover attorney's fees. Added May 20, 2005.

Dutrow v. New York Racing Board
Racing board has discretion as to which expert more credible. Added May 15.

Trummer v. Neiwisch
Fall caused by horse becoming frightened, not negligence.

Geman v. McClaury
Statute protects colt breaking instructor and landowner. Added May 14, 2005.

Reardon v. Windswept Farm
Release containing waiver, warning, and indemnification agreement not ambiguous. Added May 14, 2005.

Hojnowske v. Vans Skate Park
Release for minor injured at skateboard park void. Added May 14, 2005.

Kinley v. Bierley
Status as stallion alone does not establish liability. Added May 14, 2005.

Gulfstream Park Racing Assn. v. Tamps Bay Downs
Question of legality of out-of-state simulcasting referred to Florida Supreme Court. Added February 12, 2005.

Alaimo v. Racetrack at Evangeline Downs
Track was negligent when exercise horse injured himself on open infield gate. Added February 6, 2005.

Adames v. New York Jockey Injury Compensation Fund
Jockey covered by worker's compensation despite expiration of license. Added February 6, 2005.

Waring v. Travelers Insurance Co.
State not liable for negligent injury to camper in city park. Added February 6, 2005.

New Horse Accidents with Injuries Compilation of News Stories

Horse Accidents with Injuries: April through June 2004
Added October 3, 2004.

American Medical Equestrian Association/Safe Riders Foundation News

Mid-Year 2004 AMEA/SRF News
Added July 23, 2004 in PDF form.

Ask Lerlene

Lerlene answers questions about girls who love horses
Added October 31, 2004.

New Horse Safety Articles

The American Barn Dog Registry
Harmony: Taking Pride in Beginners
Litigation Corner: Will the Remedy Cost More than the Problem Itself Is Worth?
Added October 31, 2004.

New HorseLaw Article

The Uneasy Relationship Between Equine Activity Statutes and Releases from Liability
Added October 31, 2004.