Case details

Trainer claimed owner hid horse’s history of bucking

SUMMARY

$1500000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
crush injury, finger, hand, injury, shoulder, wrist
FACTS
On May 1, 2017, plaintiff Ann James, a horse trainer, and a horse owner, Karen Pardini, took Pardini’s horse to a covered training arena on James’ ranch for evaluation and training. Pardini previously purchased the horse in September 2016 for the purpose of dressage riding, training, and competition. (Dressage is an equestrian sport that consists of a rider and a horse performing a routine of fine controlled movements that is often thought of as the equestrian equivalent of ballet.) In December 2016, Pardini hired a world-renowned dressage trainer to work with her and the horse, but the horse bucked the trainer off of him in February 2017, fracturing the trainer’s collarbone. The horse then bucked off the trainer again in April 2017, causing a severe knee injury. As a result, the trainer quit immediately following the second injury. Following the departure of the horse’s first trainer, Pardini tried to train the horse herself, but she was unsuccessful. She was ultimately recommended to a local trainer, James, and brought the horse to James on the evening of April 30, 2017, to get the horse acclimated to his new stable. James gave Pardini a packet of documents to sign and fill out, which were to be returned the following day, before the first training session began. On May 1, 2017, James took the packet of documents that Pardini brought back, but Pardini warned that she had not finished filling out all the documents yet. Nevertheless, James took the paperwork and proceeded with the day’s training. James took control of the horse and lunged him, which is part of a training technique where the trainer stands on the ground and leads the horse through various movements by controlling a lunge line. After approximately 15 to 20 minutes of lunging, James thought that she had seen enough of the horse’s skill for the first training session, and decided to end the session by mounting the horse and walking him around the arena. However, as James mounted the animal, the horse took two steps forward and then he began violently bucking and bronking. James was thrown off the horse’s back, but as she fell, her foot became caught in the stirrup. The horse then galloped around the arena, dragging James underneath him for 20 yards until James’ foot came free. Once free from the bucking horse, James saw that her right hand had been stomped on by the horse and that her right index finger was seriously injured. James sued Pardini, alleging that Pardini was strictly liable for the horse’s actions. Plaintiff’s counsel asserted that Pardini concealed the horse’s past behavior from James and that Pardini never fully disclosed the dangerous propensities of the horse before James agreed to train and ride the horse. Pardini denied concealing the horse’s history from James, and claimed that she told James on multiple occasions that the horse had a history of bucking. She alleged that it was first brought up during the initial phone call with James and then again during the drop off of the horse at the ranch. Pardini also alleged that she warned James again on the day of the incident, before the training session began. Defense counsel asserted that James assumed the risk of injury, noting James’ experience and James’ own website, which stated that horses are inherently dangerous. Counsel also pointed to James’ waiver and training packet, which was included in the documents that James asked Pardini to fill out and sign. The waiver packet stated, unequivocally, that “all equestrian-related activities are extremely dangerous, that accidents involving horses are frequent, that the condition of the land is often hazardous, and that ring footing is rarely perfect.” During discovery, Pardini produced the packet of documents that she filled out before the training session. In it, where the packet asked whether the horse had “any dangerous propensities,” Pardini had answered, “No, but has bucked.” However, defense counsel questioned the veracity of the document, as Pardini testified that she had possession of the packet because she took it off of James’ desk before she left the property, after the horse had injured James. In response, plaintiff’s counsel asserted that third-party witness depositions and witness declarations questioned Pardini’s credibility and cast serious doubt over her claims that she informed James about the horse’s past., James sustained crush to her right, dominant hand, wrist and shoulder. She was taken to a hospital, where her right index finger had to be amputated. She also underwent multiple surgical procedures over the course of two years, including plate and screw implants in her right wrist. In addition, James underwent daily physical and occupational therapy exercises. James did not hire an expert witness to opine about her . James retrained herself to write and work with her left hand, so she did not make a wage loss claim. James’ sought recovery of $77,886.89 in past paid medical costs. She also sought recovery of damages for her past and future pain and suffering. The defense’s expert orthopedic surgeon conducted a defense medical examination, and opined that James had made a remarkable recovery.
COURT
Superior Court of Santa Clara County, Santa Clara, CA

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