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ALAIMO v. RACETRACK AT EVANGELINE DOWNS

No. 04-1230.

893 So.2d 190 (2005)

Frank ALAIMO v. RACETRACK AT EVANGELINE DOWNS, INC., et al.

Court of Appeal of Louisiana, Third Circuit.

February 2, 2005.

Attorney(s) appearing for the Case

John M. Madison, Jr., Wiener, Weiss & Madison, Shreveport, LA, for Defendants/Appellants, Scottsdale Insurance Company, Old Evangeline Downs, LLC, Peninsula Gaming, M T Holdings, The Evangeline Downs, LLC.

Gregory J. Doucet, Opelousas, LA, for Intervenor/Appellee, John L. Speyrer, Inc.

Alyce C. Richard, Opelousas, LA, for Intervenor/Appellee, John L. Speyrer, Inc.

Kevin R. Duck, Lafayette, LA, for Plaintiff/Appellee, Frank Alaimo.

Court composed of JOHN D. SAUNDERS, MARC T. AMY, and MICHAEL G. SULLIVAN, Judges.

AMY, Judge.

The plaintiff filed suit seeking damages due to the death of his thoroughbred racehorse following a collision with an infield gate at the defendant racetrack. The horse's breeder intervened, seeking recovery of breeder's awards he asserts he would have recovered had the horse continued racing. The trial court found in favor of the plaintiff, concluding that the condition of the gate resulted in the horse's death. Damages were awarded to the horse owner...

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