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GULFSTREAM PARK RACING ASSOCIATION, INC. v. GOLD SPUR STABLE, INC.

No. 4D01-359.

820 So.2d 957 (2002)

GULFSTREAM PARK RACING ASSOCIATION, INC., Appellant, v. GOLD SPUR STABLE, INC., a New Jersey corporation, Agricultural Insurance Company, a foreign corporation, as subrogee of Gold Spur Stable, Inc., a New Jersey corporation, and John C. Kimmel, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 25, 2002.

Attorney(s) appearing for the Case

Caryn L. Bellus of Kubicki Draper, Miami, for appellant.

Richard A. Sherman and Rosemary B. Wilder of Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, and Joseph M. Loughren of Loughren & Doyle, P.A., Fort Lauderdale, for Appellee—John C. Kimmel.

TAYLOR, J.

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

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