(CN) – A Kentucky man who used an ultrasound device to examine horses’ hearts for a thoroughbred owner was not practicing veterinary medicine without a license, so he doesn’t have to reimburse the owner nearly $18,000 for the scans, the Kentucky Court of Appeals ruled.
Kenneth Ramsey, who runs a horse farm, hired David Lambert’s Equine Analysis Systems to compare his horses’ hearts to those of past race winners.
Lambert sued Ramsey for breach of an oral contract, claiming he was underpaid $250,000 based on the winnings and breeding rights of a horse named Roses in May.
A jury awarded Lambert the full amount, but the trial court also granted Ramsey’s counterclaim for reimbursement of $17,966 for the heart scans, ruling that Lambert was practicing veterinary medicine without a license.
The appeals court overturned the counterclaim portion of the decision.
“We cannot say that Lambert was practicing veterinary medicine without a license in the state of Kentucky,” wrote Judge Lambert (no relation to the defendant). “The heart scans he conducted were in no way utilized to diagnose or treat any of the horses, nor did anyone rely on such diagnosis.”
The court reversed the damage award to Ramsey.