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McNICHOL v. SOUTH FLORIDA TROTTING CENTER

No. 4D09-1663.

44 So.3d 253 (2010)

Myles McNICHOL, Appellant, v. SOUTH FLORIDA TROTTING CENTER, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

October 6, 2010.

Attorney(s) appearing for the Case

Timothy H. Crutchfield , Miami, for appellant.

Sammy Lanier and Lisa C. Davidson of Lanier Davidson LLC, St. Augustine, for appellee.

GATES, MICHAEL, L., Associate Judge.

This is an appeal from the trial court's order granting a directed verdict finding the defendant, South Florida Trotting Center, Inc., an equine sponsor, not liable for injuries suffered by plaintiff, Myles McNichol, in a horse related accident by reason of the immunity afforded to equine sponsors by section 773.02, Florida Statutes and assumption of the risk. Plaintiff contends the trial court erred in ignoring the negligence...

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