Case details

Defendants failed to prevent cow from charging her: plaintiff

SUMMARY

$1700000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
anterior cruciate ligament, damage, disfigurement, fracture, knee, leg, medial collateral ligament, partial loss of, posterior cruciate ligament, scar, sensory, speech, tear, tibial plateau, vision
FACTS
On Nov. 6, 2010, plaintiff Nicole Nelsen, a student at California Polytechnic State University in San Luis Obispo, was participating in an enterprise class on artificial insemination of beef cattle. While Nelsen was working with a cow, an agitated stray cow charged and broke through the in a portable trailer she was working in, pinning Nelsen against a metal bar that separated her from the cow she was working with. Nelsen claimed right leg and post-traumatic stress disorder from the incident. Nelsen sued California Polytechnic State University, as well as Cal Poly Foundation/Corporation. She alleged that the defendants negligently trained and supervised student employees in charge of the class, and that their negligence constituted a dangerous condition. Nelsen claimed that the agitated stray cow navigated through three open gates, which were supposed to be closed. She alleged that the instructor-appointed student employees failed to properly supervise the cattle and had forgotten about the cow, causing it to stray. Nelsen further claimed that there was supposed to be a large metal door to her trailer, but that it was broken and removed at the time of the incident. Defense counsel argued that Nelsen was comparatively at fault and that she had assumed the risk by participating in the class. Counsel also contended that Nelsen’s exclusive remedy was Worker’s Compensation., A fellow student drove Nelsen to an emergency room from the scene of the incident. Nelsen was initially diagnosed with a fracture to the tibial plateau of her right leg, and was released home with instructions to follow up with an orthopedist. After treating with an orthopedist and undergoing an MRI, Nelsen was diagnosed with tears of the right knee’s posterior and anterior cruciate ligaments, and medial and lateral collateral ligaments. She was also diagnosed with an injury to her right popliteal artery, and had a vein harvesting procedure to replace the artery. In the summer of 2011, after going off blood thinners, Nelsen underwent reconstructive right knee surgery. Nelsen continues to undergo physical therapy to treat her right knee and leg. She claimed that she also suffers from right eye vision impairment due to a blood clot through the arterial system. She also has a residual scar on her left leg and claimed that she is suffering from post-traumatic stress disorder as a result of the incident. Nelsen contended that she can no longer run, jump, or partake in former hobbies, such as riding horses and playing basketball, and that as a result, she will need rehabilitation for her right knee. She claimed that she used to dream of being a large animal veterinarian, but that she can no longer do this due to her right knee condition. Thus, Nelsen claimed $350,000 in past medical costs ($150,000 paid), and sought recovery of $150,000 in damages for her future medical costs (including a future knee replacement) and unspecified damages for her loss of earning capacity and past and future pain and suffering. Defense counsel did not dispute the severity of the plaintiff’s .
COURT
Superior Court of San Luis Obispo County, San Luis Obispo, CA

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