Duban, et al. v. Waverly Sales Co.

Plaintiffs Thomas and Martha Duban filed suit against Waverly, alleging negligence arising out of Martha's injuries she sustained when she was stepped on by a horse at the Waverly draft horse auction. At issue was whether, as a matter of law, the exception from the Iowa Code applies, such that Waverly cannot take advantage of the general immunity provided to domesticated animal activity sponsors. The court held that, because Waverly designated or intended the northeast alley as an area for persons who were not participants to be present, the exception from Iowa Code 673.2(4) applied to these facts as a matter of law, and Waverly was subject to liability for Martha's injuries. Accordingly, the court concluded that the motions for judgment as a matter of law were properly denied. View "Duban, et al. v. Waverly Sales Co." on Justia Law