My life changed in November 2009. While attending a University of Kentucky football game at Commonwealth Stadium, I was severely injured by a spooked police horse. My injuries were serious and required three major surgeries, and the medical bills are astounding. The city of Lexington has accidental liability insurance. One would imagine that the right thing for the city to do would be to pay for my losses. It didn’t happen that way.
The city used the defense of sovereign immunity and was not held liable. This law protects government workers such as police officers from suit if they were acting in a discretionary manner. I get it. But how is riding a horse that had worked eight hours earlier into a crowd with a marching band acting with discretion?
I grew up in Kentucky and know horses. A tired horse, even a highly trained one, is still going to be tired, and that opens the door for accidents.
I was in the wrong place at the wrong time, but that doesn’t mean that I don’t matter. Ask yourself if it had been you or your child, “Is this fair?”
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David B. Prater