ROBERT G. SLOWEY, Plaintiff-Appellant, - vs - MIDLAND ACRES, INC., et al., Defendants-Appellees., 2008-Ohio-3077

Summary

The owner and the breeder entered into a written breeding contract under which the mare would be bred to the breeder's stallion. As was the normal procedure, the mare was delivered to the farm while pregnant with foal one. Foal one was born and the mare was then successfully bred to the stallion. Foal one died in an accident before being weaned and returned to the owner. The breeder argued that an exculpatory clause in the breeding contract applied to foal one's death. The owner argued that foal one's care was covered by a separate oral contract to which the exculpatory clause did not apply. The appellate court affirmed, agreeing with the trial court that the oral contract did exist. However, foal one was also covered by the exculpatory clause in the breeding contract, which stated that the breeding farm would not be liable for any injury or death suffered by "any horse." While other portions of the breeding contract included the terms "stallion," "mare," and "foal," the exculpatory ...