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WEST VIRGINIA RECORD

Saturday, April 20, 2024

New Cumberland horse owner sues farmer following horse's death

Exerciser

NEW CUMBERLAND -- A horse owner is suing a farm owner after horse exerciser equipment allegedly caused injury to the plaintiff and killed his horse.

Danny M. Hamilton II, of New Cumberland, filed a lawsuit Aug. 10 in Hancock Circuit Court against Larry Reed, Larry Reed Farms and Odyssey Performance.

According to the complaint, on July 18, Hamilton was exercising his horse at the defendant farm, where he rents stall space at 234 Lipizzan Lane in New Cumberland, when he was injured by the horse exerciser. This was caused, according to the lawsuit, by a malfunction caused by "improper maintenance or other causes including the negligence of defendant Reed, and/or design and product defects" attributed to the other defendant.

Specifically, the suit states, the exerciser would power itself on, sometimes adjust to a higher speed without warning and had an emergency stop button that didn't work correctly. The malfunctioning exerciser contributed to the death of Hamilton's horse, the lawsuit states.

Hamilton also was personally injured by the exerciser, the lawsuit says. The plaintiff alleges personal injury, death of his thoroughbred horse and a design defect.

Hamilton seeks unspecified damages, plus court costs and attorney fees. He is represented by attorney Michael Edward Nogay of Sellitti, Nogay and McCune in Weirton. 

Hancock Circuit Court case number 15C97M.

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