Tuesday, May 09, 2006

Claim on Gifted Stud Fee Time Barred

In Adika v. Smith, the U.S. District Court for Western Kentucky looked at a cause brought by a jockey's agent under a gifted stud arrangement. Smith, the jockey, raced a horse named Unbridled's Song throughout its career, and Adika was Smith's agent under an oral agreement. When the horse was retired and placed at stud, Smith was granted a "gifted stud fee" by the owner, Paraneck Stable which returned money to Smith every year.

Adika never made a claim on anything Smith received under the gifted stud arrangement during their agency agreement which ended in 1999, and sued on the agreement in 2005. Smith argued that the five year statute of limitations on oral contracts in Kentucky barred Adika's claim. The case came on for hearing in late 2005 on Smith's motion to dismiss.

The court agreed, holding that Kentucky Rev. Stat 413.120 applied, barring Adika's claims.

Adika v. Smith, 2005 U.S. Dist. LEXIS 27205 (D. Ky. 2005).


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