Dangerous Animal

Anzalone v. Kragness

Summary:

A woman whose cat was attacked while being boarded at veterinarian's office brought claims against veterinarian and animal hospital.  Trial court dismissed claim for intentional infliction of emotional distress and the Court of Appeals reversed holding dismissal was not warranted. 

A woman whose cat was attacked while being boarded at veterinarian's office brought claims against veterinarian and animal hospital.  Trial court dismissed claim for intentional infliction of emotional distress and the Court of Appeals reversed holding dismissal was not warranted. 

Galloway v. Kuhl

Summary:

Motorist injured when cattle strayed onto highway in violation of state law.  The lower court allowed the defendant's to assert the affirmative defense of comparative negligence, reducing Motorists damages, but the jury still found in favor of the Motorist.  Both sides appealed, and the Court held that (a) comparative negligence affirmative defense was valid; and (b) jury's damage configuration was legally inconsistent.

Motorist injured when cattle strayed onto highway in violation of state law.  The lower court allowed the defendant's to assert the affirmative defense of comparative negligence, reducing Motorists damages, but the jury still found in favor of the Motorist.  Both sides appealed, and the Court held that (a) comparative negligence affirmative defense was valid; and (b) jury's damage configuration was legally inconsistent.

Kindel v. Tennis

Summary:

Plaintiff was an employee of a dairy farm owned by defendants. In 2007, he was injured by a bull owned and controlled by defendants while working on the defendants' farm . The Appellate Court disagreed with the lower court, finding that the employee's allegations were sufficient to support a claim against the farm owners under the Animal Control Act. The court found it was a question of fact whether it was plaintiff's job to care for the bull, and whether that animal was in the care and/or custody of plaintiff at the time of the injury.

Plaintiff was an employee of a dairy farm owned by defendants. In 2007, he was injured by a bull owned and controlled by defendants while working on the defendants' farm . The Appellate Court disagreed with the lower court, finding that the employee's allegations were sufficient to support a claim against the farm owners under the Animal Control Act. The court found it was a question of fact whether it was plaintiff's job to care for the bull, and whether that animal was in the care and/or custody of plaintiff at the time of the injury.

Moreland v. Adams

Summary:

A motorcyclist died when he ran into a calf on the road. His family sued for wrongful death. The court held that the owner of the calf was not liable because of open range immunity.

A motorcyclist died when he ran into a calf on the road. His family sued for wrongful death. The court held that the owner of the calf was not liable because of open range immunity.

Kent v. Polk County Board of Supervisors

Summary:

The Iowa Supreme Court held that a county ordinance regulating possession of dangerous and vicious animals did not violate the due process, equal protection, or takings clauses of the Constitution (in this instance, appellant was the owner of a lion). The regulation was a legitimate exercise of police power, which was rationally related to the legitimate government interest of protecting public safety.

The Iowa Supreme Court held that a county ordinance regulating possession of dangerous and vicious animals did not violate the due process, equal protection, or takings clauses of the Constitution (in this instance, appellant was the owner of a lion). The regulation was a legitimate exercise of police power, which was rationally related to the legitimate government interest of protecting public safety.

Klobnak v. Wildwood Hills, Inc.

Summary:

Plaintiffs brought suit against a ranch after their car struck two of the ranch's horses on the highway.  The trial court dismissed holding no duty of care was breached by the ranch because Iowa no longer had a statute prohibiting animals from roaming.  The Supreme Court of Iowa reversed reasoning that a duty of ordinary care still exists.

Plaintiffs brought suit against a ranch after their car struck two of the ranch's horses on the highway.  The trial court dismissed holding no duty of care was breached by the ranch because Iowa no longer had a statute prohibiting animals from roaming.  The Supreme Court of Iowa reversed reasoning that a duty of ordinary care still exists.

Taft v. Taft

Summary:

In this Georgia case, an adult son, who was business invitee, brought an action against his father to recover for injuries sustained when he was attacked by his father's bull while attempting to corral it for market. The lower court entered judgment for son, and father then appealed. The Court of Appeals, held that it for the jury to determine questions as to proximate cause, viciousness of bull, assumption of risk, superior or equal knowledge, contributory negligence, and negligence of the plaintiff. The failure of the trial court to charge adequately on proximate cause required a reversal, notwithstanding appellant's lack of a timely and proper request for a specific proximate cause charge. Judgment reversed.

In this Georgia case, an adult son, who was business invitee, brought an action against his father to recover for injuries sustained when he was attacked by his father's bull while attempting to corral it for market. The lower court entered judgment for son, and father then appealed. The Court of Appeals, held that it for the jury to determine questions as to proximate cause, viciousness of bull, assumption of risk, superior or equal knowledge, contributory negligence, and negligence of the plaintiff. The failure of the trial court to charge adequately on proximate cause required a reversal, notwithstanding appellant's lack of a timely and proper request for a specific proximate cause charge. Judgment reversed.

Sutton v. Sutton

Summary: Plaintiff brought an action in tort against his father for injuries incurred in attempting to help his father and younger brother recapture an escaped bull. The defendant appeals from judgment for the plaintiff.

Plaintiff brought an action in tort against his father for injuries incurred in attempting to help his father and younger brother recapture an escaped bull. The defendant appeals from judgment for the plaintiff.

Burns v. Leap

Summary:

In this Georgia case, the plaintiff-invitee was knocked into a barbed wire fence by horse that was being boarded by the property owner, suffering injuries as a result. The Court of Appeals agreed with the trial court's order of summary judgment, finding that, under dangerous-animal statute, the property owner did not know of any vicious propensity on part of horse. Further, the invitee failed to show that horse had a vicious propensity and therefore could not prevail on premises-liability claim.

In this Georgia case, the plaintiff-invitee was knocked into a barbed wire fence by horse that was being boarded by the property owner, suffering injuries as a result. The Court of Appeals agreed with the trial court's order of summary judgment, finding that, under dangerous-animal statute, the property owner did not know of any vicious propensity on part of horse. Further, the invitee failed to show that horse had a vicious propensity and therefore could not prevail on premises-liability claim.

Hanrahan v. Hometown America, LLC

Summary:

While walking his dog one evening, the plaintiff's husband was attacked by fire ants. In an attempt to remove the ants off his person, the plaintiff's husband collapsed in the shower. Two days later, he died. As a representative for her husband's estate and in her own capacity, the plaintiff filed a negligence suit against her landlord. After the trial court granted the landlord's motion for summary judgment, the plaintiff appealed. Affirming the lower court's decision, the appeals court reasoned that since the landlord did not harbor, possess, or introduce the fire ants onto the premises, the landlord owed no duty to the plaintiff.

While walking his dog one evening, the plaintiff's husband was attacked by fire ants. In an attempt to remove the ants off his person, the plaintiff's husband collapsed in the shower. Two days later, he died. As a representative for her husband's estate and in her own capacity, the plaintiff filed a negligence suit against her landlord. After the trial court granted the landlord's motion for summary judgment, the plaintiff appealed. Affirming the lower court's decision, the appeals court reasoned that since the landlord did not harbor, possess, or introduce the fire ants onto the premises, the landlord owed no duty to the plaintiff.