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Re: RC: RC: Posse Rulin (this raise some hackles)



In a message dated 4/10/00 3:51:20 PM Pacific Daylight Time, 
guest@endurance.net writes:

<< Tom:
 
  The horse having a heart-attack, falling on and
 and killing the owners wife sounds like "an act of God" 
 not negligence/inexperience or a lack of following
 the law. 
  
 I think negilgence is the core of what's being discussed and
 argued about in the Posse Ride's finish line accident
 and subsequent ruling by the AERC, along with the
 interpretation of the language
 of the Montana Equine Limited liability law.
 
 Barb
  >>


Nope. Here's how the law looked at that case. The track is in business and 
part of that business is supported by owners of racehorses. And owners, for 
the most part, are otherwise innocent spectators with a ticket in the 
Winner's Circle lottery. They are racetrack customers. 

The winner's circle is a dangerous place--trainers know that, riders and 
drivers know that, grooms know that--anybody who participates in the winner's 
circle ceremonies--the photographer, for example--knows that. The people who 
don't appreciate the dangers are those that seldom participate in these 
ceremonies--spectators and, the owners--in particular, the owner's wife, 
friends and children. They are innocents. They have to be protected from the 
dangers inherent in being up close and personal with an excited, dead-tired, 
thousand lb beast. 

Big settlement.

ti



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