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Man hurt by horse gets trialPIERRE, S.D. (AP)--A man who was severely injured when bucked off a horse that was being trained at a Utica stable is entitled to a trial, the South Dakota Supreme Court has ruled unanimously in a Yankton County case. Carl Toben, who was 18 when he worked as a part-time farmhand for Douglas and Charlene Jeske, filed a lawsuit against the couple for injuries suffered on July 1, 2001. Toben had substantial medical bills and said he could not work for a long time after the mishap. But Circuit Judge Arthur Rusch dismissed the case, ruling that the Jeskes were immune from responsibility under the state Equine Activities Act. Because of the inherent risks of being around horses, the act provides immunity to horse owners in cases of injuries or death. Filing an appeal with the Supreme Court, Toben argued that an exception to the act subjects the Jeskes to potential liability because he was inexperienced with unbroken horses. The law does not provide immunity for damages when horse owners do not make reasonable efforts to determine the abilities of riders. Toben argued that the Jeskes failed to do that. The circuit judge had ruled that Toben was an experienced rider because he had ridden the horse before and had extensive experience in the horse-breaking process. However, the high court said some important facts in the case are in dispute and should be settled at a trial--specifically Toben's experience in riding unbroken horses and the training level of the horse that threw him off. The justices noted that Toben said Charlene Jeske had earlier been bucked from the same horse, and the court found it noteworthy that the couple considered it part of Toben's duties to ride their horses but they did not pay him for it. Toben had said the Jeske's reason for not paying him for riding horses was his lack of experience on them. Date: 7/27/06
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