TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Monday, September 15, 2008

Jockey Sues Track Owner

Alas, the story is paid subscription only, but our local paper reports that the owner of the Three-County Fair (in Northampton, Mass.) has been sued by Christopher Martin, a Maryland jockey, for injuries suffered when he was thrown from his horse during a race in 2005.

In a lawsuit filed on the three-year anniversary of the accident, Martin claims the irregular shape and poor maintenance of the racetrack caused his thoroughbread, "Miner Distraction," to collide with another horse and stumble.

The article says that coverage at the time reported that Martin said he wanted to ride in the next race, but was convinced to go to the hospital.  He asserts permanent disability.

I used a somewhat similar fact pattern a few years ago in testing on implied assumption of risk; one would assume that will be a major issue here too.


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