Woman sues Churchill Downs, trainer over horse bite at Kentucky Derby

For many racing fans, being invited to the Kentucky Derby would be a dream come true.

But for one fan, it turned into a nightmare that ended with surgery and a case before the Kentucky Supreme Court.

The court heard arguments on April 11 in the liability case that asks, who is responsible when a horse hurts someone on the biggest racing day of the year?

On Derby Day May 5, 2018, Joi Denise Roby and her husband were guests of horse owner Kyle McGinty and his wife, who had horses with trainer William “Buff” Bradley.

According to the court records, the Robys and the McGintys went to the stables and walked to Bradley’s barn to see McGinty’s horse.

“As Roby walked through the barn, she stopped at several stalls to pet, feed peppermints to, and take pictures with the horses stabled there,” according to court records. Bradley’s stable pony named Henry allegedly lunged at and bit Mrs. Roby. The bite was severe enough to require surgery and has resulted in permanent disfigurement, according to the court records.

In 2019, Roby sued Churchill Downs and Bradley for negligence in Jefferson Circuit Court. The court sided with the track and the trainer, granting summary judgment against Roby.

In 2021, Roby appealed and the Court of Appeals ruled she should have a trial. The Kentucky Supreme Court agreed to review that ruling.

Churchill Downs’ argues that Kentucky’s farm animal statute, which recognizes there are inherent risks in horse racing activities that participants must recognize, applies.

Roby’s attorney argues that the exception carved out for “horse racing activities” should apply, putting the responsibility on Bradley and Churchill Downs. Roby also argues that Louisville Metro’s strict liability ordinance trumps the state immunity statute, putting responsibility on owners of animals that cause damage.

At oral arguments April 11, one Kentucky Supreme Court justice asked whether all 1,400 horses on the grounds of Churchill at the time would have been considered as “engaged in horse racing activities” and thus not covered by Kentucky’s Farm Animal Activities Act.

But Chief Justice Laurance B. VanMeter appeared skeptical of that, given that Henry was in the stable, not outside of his stall, and that Roby approached the pony.

“She was just there to enjoy the Derby and she didn’t go there to get bit by a horse,” argued Nick Mudd, her attorney.

Churchill Downs responds to lawsuit

Churchill Downs’ attorney Katherine Watts argued that Roby may have been a guest of McGinty but she was only on the backside as an extension of McGinty’s owner license, which assumes personal responsibility. Roby was not a ticket-paying guest, Watts said.

There are signs posted at the stable gate, warning of the dangers of interacting with farm animals and Roby, an experienced horsewoman, initiated contact with the pony, which was in its stall, without permission, she said.

Bradley, who has since retired from training and now works for Keeneland in Lexington, was not there at the time.

Chief Justice VanMeter said he hoped the court could render a speedy decision.