ASHCROFT v. CALDER RACE COURSE, INC.

No. 82-2629.

464 So.2d 1250 (1985)

David Carl ASHCROFT, Appellant/Cross-Appellee, v. CALDER RACE COURSE, INC., a Florida Corporation, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 27, 1985.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Arnold Ginsberg, Miami, Colodny & Fass, North Miami, Highsmith & Strauss, Miami, for appellant/cross-appellee.

Blackwell, Walker, Gray, Powers, Flick & Hoehl and James C. Blecke, Miami, for appellee/cross-appellant.

Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.


JORGENSON, Judge.

This appeal requires us to determine whether the defense of express assumption of risk is available within the context of professional horse racing activity within the scope of Blackburn v. Dorta, 348 So.2d 287 (Fla. 1977). We conclude that such a defense is available and, for the reasons which follow, reverse the order of the trial judge declining to enter judgment for the defendant.1...

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