[DOWNLOAD] "Gulfstream Park Racing Association, Inc. v. Gold Spur Stable" by Florida Court of Appeals " Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Gulfstream Park Racing Association, Inc. v. Gold Spur Stable
• Author : Florida Court of Appeals
• Release Date : January 22, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

Gulfstream Park Racing Association, Inc. (Gulfstream) appeals a trial court order granting summary judgment in favor of third-party defendant and appellee, John C. Kimmel (Dr. Kimmel). This appeal arises from an incident wherein a thoroughbred horse, named Devil's Cup, fractured a bone in his right front leg while racing on the turf course at Gulfstream Park. After several months of medical care, the horse was put down. The owner of the horse, Gold Spur Stable, Inc. (Gold Spur), sued Gulfstream, alleging negligence in the design, maintenance, and operation of the track and failure to warn Gold Spur of any dangerous conditions. Gulfstream denied any negligence and affirmatively asserted that Gold Spur was comparatively negligent. It further claimed that the negligence of third parties, including the horse's veterinarian and trainer, Dr. Kimmel, contributed to Gold Spur's damages. Gulfstream filed a third-party complaint against Dr. Kimmel for contribution and contractual indemnification. Gulfstream's contribution count was predicated on a duty of care that Dr. Kimmel, as trainer, allegedly owed to Gold Spur to protect the horse from unreasonably dangerous conditions. Specifically, Gulfstream alleged that Dr. Kimmel knew or should have known of the ""soft"" and wet conditions of the track, yet, despite having discretion to withhold Devil's Cup from the race, allowed the horse to run on the turf track that day. Gulfstream's second count, contractual indemnity, was based upon release and assumption of risk provisions contained in documents executed by Dr. Kimmel, as agent for Gold Spur.

Download Ebook "Gulfstream Park Racing Association, Inc. v. Gold Spur Stable" PDF ePub Kindle