- Defendants Win Appeal in Personal Injury Case Involving Racehorse - Constructive Knowledge, New Jersey
- November 4, 2011
- Law Firm: Mark Galusha LLC - Basking Ridge Office
A New Jersey Appeals Court recently issued a decision in favor of the Defendants in a personal injury case involving a racehorse. Ferrita-Zepp v. Gaitway Farms, Inc., (DOCKET NO. A-6217-08T3). The Plaintiff was a racehorse groom who was caring for a horse when it kicked her in the face, causing her injuries. The Plaintiff sued the owner of the horse, the owner of the premises where the incident occurred, and the shareholders and officers of the stables, Stake Your Claim, where the incident occurred. Plaintiff claimed that a notation on the horse’s equipment card stating “bad actor” was sufficient evidence that the defendants knew or should have known of the horse’s dangerous nature. Stake Your Claim argued that it did not know, nor should have known, of any dangerous propensities of this particular horse. The trial court and appeals court agreed with Stake Your Claim, finding that the Plaintiff did not present enough evidence showing that Stake Your Claim or its shareholders had actual or constructive knowledge of the horse’s violent propensities.
Mark & Galusha, Lawyers handling personal injury matters in Hoboken and Union City, Hudson County, New Jersey.
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