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.

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