VAN HOOMISSEN, Justice.
The issue in this case is whether the Court of Appeals erred when it decided this case on an issue that was neither preserved in the trial court nor raised in appellant's opening brief on appeal. We hold that it did err and, accordingly, reverse.
Plaintiff, a professional jockey, was injured while riding at defendant's racetrack. His complaint alleged that his injuries were caused by defendant's negligence.
Before trial, defendant...
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