New Law Cases for Horsemen

Suspension for excess carbon dioxide levels upheld.
Decided on March 31, 2009

Avalon Carriage Service, Inc. v. City of St. Augustine, Florida Automatic renewal of carriage permits does not violate constitution.
Decided on March 25, 2009

Lucero v. Lujan. Trainer awarded fees instead of horse.
Decided on March 11, 2009

Reams v. Irvin. State Remedies adequate to cure plaintiff’s protected interest.
Decided on March 9, 2009

Vorum v. Canton Twp. Zoning permit denial proper
Decided on February 4, 2009

Johnson v. Indiana Thoroughbred Breeders & Owners Assoc., Inc. Default judgment upheld for bad check.
Decided on January 13, 2009

Pivnick v. White, Getgey & Meyer Co. Firm properly failed to pursue claim.
Decided on January 12, 2009

Vaders v. Pennsylvania State Horse Racing Comm’n. Doping trainer received due process.
Decided on January 9, 2009

Tavakoly v. Fiddler’s Green Ranch of Florida, Inc. New trial warranted on loss of consortium.
Decided on January 2, 2009

Thomas v. Ohio State Racing Commission. Suspension supported by facts and law.
Decided on December 31, 2008

Carter v. Loyd. Insufficient evidence of horse ownership
Decided on December 30, 2008

McPeek v. Deputy Attorney General of the State of New Jersey. License suspension proper.
Decided on December 22, 2008

Keene v. Zoning Board of Adjustment. Horse bite not foreseeable.
Decided on December 19, 2008

Racing Investment Fund 2000 v. Clay Ward Agency, Inc. Firm held in contempt for failure to pay judgment.
Decided on December 5, 2008

Burger v. Buck. Lease invalid.
Decided on November 21, 2008

People v. Mitchell. No ownership of injured horses.
Decided on November 18, 2008

Henderson v. Planning Bd. of the Twp. of Southampton. Zoning permit denial improper.
Decided on November 17, 2008

Montagne v. Comm’r of Revenue. State tax independent of federal tax.
Decided on November 14, 2008

Ranch v. Boyl. Return of horse and damages both upheld.
Decided on November 13, 2008

Smoot v. American Electric Power. Guy wire requires marking.
Decided on November 12, 2008

Derickson v. U.S. Dept. of Agriculture. Illegal to Transport Sore Horse.
Decided on November 10, 2008

Johnson v. Johnson. Kick may have been provoked.
Decided on November 5, 2008

Darby v. Town of North Elba. Worker was special employee.
Decided on November 5, 2008

Gaston v. State. Arrests of protestors proper.
Decided on October 30, 2008

In re Guadalupe. Denial of jockey license upheld.
Decided on October 29, 2008

Pries v. McMillon. Falling stalls were foreseeable.
Decided on October 28, 2008

Gates v. Arredondo. Horses need to be fenced off of easement.
Decided on October 28, 2008

Deutsch v. Traditional Equitation School. Thrown rider assumed risk.
Decided on October 24, 2008

LaPlace v. Briere. No liability for unexpected death.
Decided on September 16, 2008

In re Manion. Financial documents discoverable.
Decided on September 11, 2008

Bonfield v. Figlieno. Double recovery not allowed.
Decided on September 3, 2008

Commonwealth v. Olsen. Murder originally thought to be trampling.
Decided on August 28, 2008

Perry v. New Jersey Sports & Exposition Authority. Horse bite not foreseeable.
Decided on August 12, 2008

Baxter v. State Felony convictions for improper disposal of a dead animal upheld.
Decided on July 30, 2008

Cloud Foundation, Inc. v. Kempthorne. Bureau of Land Management is within its discretion when acting to control wild horse population.
Decided on July 16, 2008

Peterson v. Eichhorn. Insufficient evidence to demonstrate biting mare had dangerous propensity.
Decided on July 15, 2008

Black Cowboys, LLC v. State, Dept. of Natural Resources. Concession for trail riding terminated based on treatment of horses.
Decided on July 11, 2008

Moran V. City of Tombstone. Insurance not shown to increase or decrease risk.
Decided on July 10, 2008

Christensen v. United States. U. S. not responsible when horse trips on loop of grounding wire.
Decided on July 9, 2008

Ashikian v. State ex rel. Oklahoma Horse Racing Commission. Board of Stewards order ineffective for lack of timely notice.
Decided on July 1, 2008

People v. Floyd. Terms of probation found reasonable.
Decided on June 30, 2008

Hudson v. Behring. Case remanded for abuse of discretions related to evidence of juror bias.
Decided on June 17, 2008

Hudson v. Behring. Case remanded for abuse of discretions related to evidence of juror bias.
Decided on June 17, 2008

Hernandez v. Industrial Commission of Arizona. Exercise rider an employee for purpose of workers’ compensation.
Decided on June 10, 2008

Allen v. Reynolds. Neither ranch nor owner covered by worker’s comp at time of accident.
Decided on June 6, 2008

Johnston v. Smith. Breeding stallion without permission not within scope of employment.
Decided on May 29, 2008

Bailly v. Thompson. Boarder injured pursuing owner’s horse with flashlight and lasso.
Decided on May 27, 2008

Lacy v. U. S. Dept. of Agruculture. Positive Test for West Nile does not obfuscate positive tests for soring.
Decided on May 22, 2008

Benton County v. Underwood. Issue of which local authority not raised below, therefore forfeited.
Decided on May 14, 2008

Dow-Westbrook, Inc. v. Candlewood Equine. Veterinary facility not liable for pasture injury to broodmare.
Decided on May 14, 2008

Whitman v. State. Evidence of poor conditions of Appellant’s house admissible for other purposes than to prove character.
Decided on May 7, 2008

Barnett v. Maryanski. Mutual recognition of boundary not sufficiently clear to support summary judgment.
Decided on May 5, 2008

Susan Davis v. Bar 3 rodeo. Mistreatment of bull and lack of vests are legitimate questions.
Decided on May 2, 2008

Partick v. Thomas. Court upholds injunction due to special, nonmonetary value of horses.
Decided on May 1, 2008

Warmington v. Keeth. Jurisdiction over contract dispute proper.
Decided on April 28, 2008

Stevens-Jacobs v. Cabrera. Deed restriction fails for lack of overall development scheme.
Decided on April 25, 2008

Eastwood v. Horse Harbor Foundation, Inc. Economic loss rule bars recovery for negligence.
Decided on April 22, 2008

Metzger v. Polejewski. Farm was a public nuisance.
Decided on April 19, 2008

Loman v. Freeman. Owners recover for damages from unauthorized surgery by university veterinary professor.
Decided on April 17, 2008

Richardson v. Zoning Com’n of Town of Redding. Alteration of permitted use requires application for special permit and hearing.
Decided on April 15, 2008

McLaughlin v. Louisiana State Racing Commission. Statute of limitations bars writ to challenge claiming of horse.
Decided on April 9, 2008

CAPITOL RACING, Plaintiff and Respondent, v. CALIFORNIA HORSE RACING BOARD, Defendant and Respondent
Decided on April 3, 2008

Wendling v. Pfizer, Inc. Claims of misrepresentation in advertising unsupported.
Decided on March 31, 2008

Posey v. Mollohan. Order to return horses does not negate existing agister’s lien.
Decided on March 21, 2008

Panzone v. Fayette County Zoning Hearing Board. Zoning Board appeals from decision granting variance permitting horses.
Decided on March 17, 2008

Borrelli v. Zoning Bd. Of City of Middletown Horse boarding is not a prohibited “livery.”
Decided on March 11, 2008

U. S. v. Merrill. Horses’ wandering into campground result in conviction.
Decided on March 6, 2008

NEBRASKA STATE RACING COMMISSION, et al., Defendants. Douglas L. Brunk, Plaintiff, v. Nebraska State Racing Commission, et al., Defendants.
Decided on February 28, 2008

Lightfoot v. Peninsula Equine Medical and Surgery Group. Lack of substantial evidence to support claim of veterinarian misrepresentation.
Decided on February 22, 2008

Novak v. Craven. Ordinance allows liability only upon proof of common negligence.
Decided on February 21, 2008

Thomas v. Center Point Energy. Presence of truck alone does not raise fact issue.
Decided on February 7, 2008

Bynum v. Whitley. Horses’ escape overcomes directed verdict.
Decided on February 5, 2008

Stacy v, Marion County Assessor. Property not used exclusively for farming not entitled to special tax assessment.
Decided on January 31, 2008

Reimund v. Guthrie. Release bars boarder’s recovery for ground accident.
Decided on January 30, 2008

Dahlsten v. Lee. Housebroken pig deserves consideration as pet in neighborhood that accepts horse.
Decided on January 23, 2008

Equine Legal Solutions, Inc. v. Buntrock
Decided on January 9, 2008

Wheeler v. Bishop. Seller fails to reveal horse’s habit of ducking and bucking.
Decided on January 8, 2008

Fiedler v. James. Lack of knowledge of cause of fire does not establish the non-existence of negligence.
Decided on January 4, 2008

Warrington v. Paint Creek Supply, Inc.
Decided on January 4, 2008

Bjerke v. Johnson. Homeowner has duty to protect minor invitee from sexual abuse.
Decided on December 27, 2007

Pederson v. New York State Racing and Wagering Board. Drugs discovered in random barn searches result in suspension.
Decided on December 13, 2007

Hodge v. Dallas Central appraisal District. Homestead exemption does not protect entire 5-acre parcel.
Decided on November 19, 2007

Cardoso v. Hill. Court upholds oral contract after partial payment.
Decided on October 29, 2007

Baccouche v. Blankenship. Easement is valid but use forbidden.
Decided on September 11, 2007

Lawrence v. Big Creek Veterinary Hospital. Horse bite not foreseeable.
Decided on September 7, 2007

Fishman v. Kotts. Dog owners not negligent.
Decided on September 6, 2007

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.