Summary Judgment Obtained by Gregg Thornton and Jillian House

WHT member Gregg Thornton and attorney Jillian House obtained a summary judgment before Judge Goodwine in Fayette Circuit Court, August 17, 2018. Plaintiff brought forth claims against Keeneland and Sallee Horse Vans, Inc. alleging the Defendants’ negligence caused him to trip and fall while distributing a satirical newsletter on Keeneland’s premises during the September yearling sale.  Specifically, Plaintiff alleged a horse that was being led by a Sallee employed handler broke free and caused a commotion which in turn caused Plaintiff to fall on his shoulder.  Sallee Horse Vans and Keeneland brought motions for summary judgment on the basis that they are entitled to immunity under Kentucky’s Farm Animal Activities Act.  Finding that the Plaintiff was a participant in a farm animal activity by voluntarily placing himself within the immediate proximity of a farm animal activity, Judge Goodwine ruled in the Defendants’ favor and found that Plaintiff was barred from bringing suit as his injury was the result of the inherent risks of farm animal activities and Defendants had fulfilled their statutory duty to warn, but not eliminate, such risks.

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