District Court of Appeal of Florida October 6, 2010, 4D09-1663 (McNichol v. South Florida Trotting Center, Inc.)

MAY, J.,

dissenting.

I respectfully dissent. The trial court correctly directed a verdict for the defendant based on both the statutory immunity of section 773.02, Florida Statutes (2004) and the plaintiffs express assumption of risk due to the open and obvious nature of the dirt mounds inside the track. I would affirm.

The plaintiff was an equine professional.