Equine Issues

Silver v. State

Summary:

Defendants were sentenced by the District Court after pleading guilty to one count of animal cruelty. After defendants were convicted in the Circuit Court, they petitioned for a writ of certiorari. The Court of Appeals held that the Circuit Court could order that defendants pay restitution for the euthanasia cost for the deceased horse, but it was beyond the court’s authority to order defendants pay restitution for costs of caring for the two surviving horses because defendants had not been convicted in those cases. The court also held that the trial court did not abuse its discretion in refusing to strike officer's testimony for prosecutor's failure to provide the officer's written report prior to trial. Finally, photos and testimony regarding the surviving horses were “crime scene” evidence and not inadmissible “other crimes” evidence because the neglect of the surviving horses was part of the same criminal episode.

Defendants were sentenced by the District Court after pleading guilty to one count of animal cruelty. After defendants were convicted in the Circuit Court, they petitioned for a writ of certiorari. The Court of Appeals held that the Circuit Court could order that defendants pay restitution for the euthanasia cost for the deceased horse, but it was beyond the court’s authority to order defendants pay restitution for costs of caring for the two surviving horses because defendants had not been convicted in those cases. The court also held that the trial court did not abuse its discretion in refusing to strike officer's testimony for prosecutor's failure to provide the officer's written report prior to trial. Finally, photos and testimony regarding the surviving horses were “crime scene” evidence and not inadmissible “other crimes” evidence because the neglect of the surviving horses was part of the same criminal episode.

Murrell v. Hooter

Summary:

A champion jumping horse was struck and killed by a van after escaping through an open gate.  The horse owner sued the property owners for negligence and the trial court granted defendants' summary judgment.  The Court of Appeals reversed the decision holding the defendants were not entitled to immunity under the Equine Immunity Statute.

A champion jumping horse was struck and killed by a van after escaping through an open gate.  The horse owner sued the property owners for negligence and the trial court granted defendants' summary judgment.  The Court of Appeals reversed the decision holding the defendants were not entitled to immunity under the Equine Immunity Statute.

Swido v. Lafayette Insurance Co.

Summary:

In this Louisiana case, a prospective horse buyer filed an action against the prior sellers and their insurer to recover for injuries when she attempted to ride a horse offered for sale by the initial buyer. At the time of the injury, the horse was under the custody of the original sellers who were paid an additional amount to have the horse trained. The Court of Appeal held that sale of horse was perfected when the first buyer paid the sale price, even though the first buyer paid an additional amount for the sellers to finish training the horse. On the negligence issue, the court found the "green-broke" horse did not present an unreasonable risk of harm when the potential buyer attempted to ride it bareback as to assign strict liability to the prior sellers who had custody of the horse. 

In this Louisiana case, a prospective horse buyer filed an action against the prior sellers and their insurer to recover for injuries when she attempted to ride a horse offered for sale by the initial buyer. At the time of the injury, the horse was under the custody of the original sellers who were paid an additional amount to have the horse trained. The Court of Appeal held that sale of horse was perfected when the first buyer paid the sale price, even though the first buyer paid an additional amount for the sellers to finish training the horse. On the negligence issue, the court found the "green-broke" horse did not present an unreasonable risk of harm when the potential buyer attempted to ride it bareback as to assign strict liability to the prior sellers who had custody of the horse. 

Alaimo v. Racetrack at Evangeline Downs, Inc.

Summary:

A racehorse breeder  and owner brought suit against a racetrack for the loss of future winnings after a racehorse collided with a negligently maintained gate on the racetrack.  The trial court awarded plaintiff $38,000 without specifying what the award was for.  The Court of Appeals affirmed the decision holding the award was not unreasonable based on the horse's racing history.

A racehorse breeder  and owner brought suit against a racetrack for the loss of future winnings after a racehorse collided with a negligently maintained gate on the racetrack.  The trial court awarded plaintiff $38,000 without specifying what the award was for.  The Court of Appeals affirmed the decision holding the award was not unreasonable based on the horse's racing history.

Burgess v. Taylor

Summary:

Owner of pet horses sued boarders of horses who sold them for slaughter, asserting tort of outrage, or intentional infliction of emotional distress.  The Court held that: (1) element of tort of outrage, or intentional infliction of emotional distress, requiring outrageous and intolerable conduct depends on conduct of wrongdoer, not subject of conduct; (2) boarders' actions constituted tort of outrage; and (3) award of $50,000 compensatory damages and $75,000 punitive damages was not excessive.

Owner of pet horses sued boarders of horses who sold them for slaughter, asserting tort of outrage, or intentional infliction of emotional distress.  The Court held that: (1) element of tort of outrage, or intentional infliction of emotional distress, requiring outrageous and intolerable conduct depends on conduct of wrongdoer, not subject of conduct; (2) boarders' actions constituted tort of outrage; and (3) award of $50,000 compensatory damages and $75,000 punitive damages was not excessive.

Baker v. McIntosh

Summary:

Visitor to horse farm brought action for negligence when he was injured by owners colt.  Held:  the owner had no duty to prevent the colt from falling against the trailer door, nor did he have a duty to warn the visitor of the potential for such an accident to occur.

Visitor to horse farm brought action for negligence when he was injured by owners colt.  Held:  the owner had no duty to prevent the colt from falling against the trailer door, nor did he have a duty to warn the visitor of the potential for such an accident to occur.

Pagel v. Yates

Summary:

Horse owner sued breeder for negligence and conversion after breeder returned the wrong mare. On issue of damages, Appellate Court held that evidence was insufficient to support the jury award because 1) evidence of value of mare’s offspring four years after conversion was irrelevant and prejudicial; 2) trial court's instruction to jury allowed recovery for the horse's unborn offspring as well as fair market value of horse in foal, which permitted a double recovery; and 3) owner could not recover his expenses after he learned of switch and made no effort to resolve the problem because he had duty to avoid further loss.

Horse owner sued breeder for negligence and conversion after breeder returned the wrong mare. On issue of damages, Appellate Court held that evidence was insufficient to support the jury award because 1) evidence of value of mare’s offspring four years after conversion was irrelevant and prejudicial; 2) trial court's instruction to jury allowed recovery for the horse's unborn offspring as well as fair market value of horse in foal, which permitted a double recovery; and 3) owner could not recover his expenses after he learned of switch and made no effort to resolve the problem because he had duty to avoid further loss.

Tiller v. State

Summary:

Defendant argued that being in "possession" of neglected, suffering animals was not a crime. The court held that where a veterinarian testified that the horses were anemic and malnourished and where defendant testified that he had not purchased enough to feed them, the evidence was sufficient to authorize the jury to find defendant guilty beyond a reasonable doubt of seven counts of cruelty to animals. The court held the trial court did not err in admitting a videotape depicting the horses' condition and that of the pasture when the horses were seized, where the videotape was relevant to the jury's consideration.

Defendant argued that being in "possession" of neglected, suffering animals was not a crime. The court held that where a veterinarian testified that the horses were anemic and malnourished and where defendant testified that he had not purchased enough to feed them, the evidence was sufficient to authorize the jury to find defendant guilty beyond a reasonable doubt of seven counts of cruelty to animals. The court held the trial court did not err in admitting a videotape depicting the horses' condition and that of the pasture when the horses were seized, where the videotape was relevant to the jury's consideration.

Porter v. DiBlasio

Summary:

Nine horses were seized by a humane society due to neglect of a care taker without giving the owner, who lived in another state, notice or an opportunity for a hearing. The owner filed a section 1983 suit against the humane society, the county, a humane officer and the district attorney that alleged violations of substantive and procedural due process, conspiracy, and conversion. The district court dismissed the claims for failure to state a viable claim. On appeal, the court found that the owner had two viable due process claims, but upheld the dismissal for the others.

Nine horses were seized by a humane society due to neglect of a care taker without giving the owner, who lived in another state, notice or an opportunity for a hearing. The owner filed a section 1983 suit against the humane society, the county, a humane officer and the district attorney that alleged violations of substantive and procedural due process, conspiracy, and conversion. The district court dismissed the claims for failure to state a viable claim. On appeal, the court found that the owner had two viable due process claims, but upheld the dismissal for the others.

Animal Protection Institute of America v. Hodel

Summary:

The Ninth Circuit held that the Secretary could not transfer title to a private individual whom the secretary knows will commercially exploit the adopted horse. The Secretary argued that the WFRHBA placed only one requirement on the transfer of title: the private individual must humanely care for and maintain the horse for one year prior to title transfer.  The court, however, concluded that the statute commands the secretary to not only determine that the animal has been well cared for, but also that the adopter remains a qualified individual.  Given the statute’s prohibition of commercial exploitation of wild horses as well as its concern with their humane treatment, the court concluded that a private individual cannot remain a “qualified individual” if he or she intends to commercially exploit the horse after they obtain title.

The Ninth Circuit held that the Secretary could not transfer title to a private individual whom the secretary knows will commercially exploit the adopted horse. The Secretary argued that the WFRHBA placed only one requirement on the transfer of title: the private individual must humanely care for and maintain the horse for one year prior to title transfer.  The court, however, concluded that the statute commands the secretary to not only determine that the animal has been well cared for, but also that the adopter remains a qualified individual.  Given the statute’s prohibition of commercial exploitation of wild horses as well as its concern with their humane treatment, the court concluded that a private individual cannot remain a “qualified individual” if he or she intends to commercially exploit the horse after they obtain title.