LEXINGTON, Ky.(WVLT)--A Tennessee man trampled by a police horse while in line for the bathroom at a 2009 University of Kentucky football game is appealing a judge's decision to dismiss his lawsuit over the incident.
43-year-old David Prater of Kodiak, Tenn., wants the Kentucky Court of Appeals to reinstate his civil action against former Lexington police officer Heather Catt.
Catt was patrolling the Commonwealth Stadium parking lot in 2009 outside the Kentucky-Tennessee game when her mount, Panzer, became spooked by the University of Kentucky band. Panzer reared up and knocked down Prater before stepping on him.
Fayette Circuit Judge James Ishmael Jr., dismissed the lawsuit last month after concluding that Catt was immune from being sued for official actions.
Prater required multiple surgeries after the incident.