Case details
Defense claimed cow’s escape was unpredictable
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
ankle, fracture, trimalleolar fracture
FACTS
On May 14, 2014, plaintiff Susan Paynter, 70, was sitting in her living room, in her house in Wilton, while her husband spoke with Tom Jones and his ranch hand, who were asking for help in wrangling an escaped cow. Jones was previously attempting to inoculate 12 newly purchased cows. However, while he was attempting the inoculation of the subject cow, the squeeze chute — which is a piece of equipment used to hold in cows — broke, resulting in the cow escaping from Jones’ possession. The cow ran over Jones’ wife and escaped the property through a gate that Jones left open. Jones and his ranch hand chased the cow for approximately one mile before the cow entered Paynter’s property through an open gate, which was typically closed 363 days out of the year. Jones and his ranch hand asked Paynter’s husband for help in wrangling the cow that had escaped to Paynter’s property. Paynter came out to the field in her flip-flops and dress, and she started to yell at Jones’ ranch hand, as she believed he was throwing rocks at the cow. Jones and the ranch hand allegedly yelled at Paynter to stay back as she ducked under a 5-foot steel pipe fence and began marching across the field. The cow charged Paynter at full speed from approximately 300 feet away and knocked her to the ground. Paynter sustained to her left ankle. Paynter sued Jones, alleging that Jones was negligent for failing to shut a gate near the squeeze chute. She also alleged that Jones was strictly liable for the trespassing animal. Specifically, Paynter claimed that if Jones had shut the gate near the squeeze chute, it would have prevented the incident from happening. Jones denied negligence and claimed that the series of events was unpredictable and out of his control., Paynter sustained a trimalleolar fracture, just above the ankle, as a result of being struck by the runaway cow. She was subsequently taken by her husband to a hospital immediately after the incident. She then underwent emergency surgery to have the fracture set and screwed in place. Paynter remained in the hospital for four days before being discharged and then remained non-weight bearing for 10 weeks. She later underwent a subsequent surgery approximately one year later in order to remove the hardware, which was causing discomfort. Paynter sought recovery of $24,580.03 in past medical costs, which were stipulated as reasonable and related to the incident. She also sought recovery of $130,000 in past non-economic damages and $180,000 in future non-economic damages.
COURT
Superior Court of Sacramento County, Sacramento, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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