Report: Ky Supreme Court rules in favor of Bradley, Churchill

The Kentucky Supreme Court has overturned a ruling on appeal in favor of former trainer Buff Bradley and Churchill Downs and found them not liable for an incident that occurred on the day of the 2018 Kentucky Derby. As first reported by the BloodHorse, the ruling states Bradley, who is now associate of sales development at Keeneland, and Churchill Downs are not responsible for damages to Joi Denise Roby, who was injured when Bradley’s stable pony bit her on the morning of the Kentucky Derby.

It is undisputed that the pony bit and caused injury to Roby, but the case was initially thrown out by the Jefferson Circuit Court in Louisville, Ky because of the Kentucky Farm Animals Activity Act, which provides liability protection for those engaged in farm animal activities.

The Kentucky Court of Appeals reversed that ruling, finding that Churchill Downs and Bradley were not protected because of an exemption to the Kentucky FAAA withholding its protection to sponsors, professionals, persons, or participants engaged in horse racing activities.

In summing up their 16-page ruling, the Kentucky Supreme Court stated that horse racing activities were occurring at Churchill Downs during the Kentucky Derby, but not when Roby was bitten by the horse. Bradley, Churchill Downs, and Roby, who the court found “owned her own horse, rode horses for many years, and was aware of the unpredictability of horses to bite,” were engaged in a farm animal activity at the time.