Nancy Skarvan-Ince, Jeffe Ince v. Denise Morgenroth
Published: Dec. 16, 2003 | Result Date: Jul. 25, 2003 | Filing Date: Jan. 1, 1900 |Case number: 22074 Verdict – $264,682
Judge
Court
Plumas Superior
Attorneys
Plaintiff
John M. O'Brien
(O'Brien & Zehnder Law Firm)
Defendant
Experts
Plaintiff
Anthony Zizzimos
(medical)
Larry Townsend
(technical)
Frank Merrill
(medical)
Defendant
Michelle Lindley
(technical)
Facts
The plaintiff, Nancy Skarvan-Ince, a 43-year-old farrier's assistant, and defendant Denise Morgenroth were friends. On Oct. 19, 1999, the defendant telephoned and asked the plaintiff and her husband to help her worm and vaccinate the horses on her ranch in Portola. The plaintiffs (husband and wife) arrived with a veterinarian and together with the defendant put together a plan to complete the job. As they were considering how they should proceed, the plaintiff husband asked the defendant whether they should anticipate any problems with the two yearlings. The defendant responded that her ex-husband had been working with the horses and that they were "halter broken." Acting upon this, the plaintiff wife haltered and led about six of the older horses to the veterinarian for vaccinations. After she had slipped the halter on the first yearling, the horse went wild and reared up. In the split second that followed, the plaintiff wife reacted and attempted to pull the horse sideways to get it off balance. She did not succeed. Instead, the horse reared up even further and leapt in the air, taking the plaintiff with him. She landed sideways on her right knee. The plaintiff wife sued the defendant and argued negligence. The plaintiff husband sued for loss of consortium. They claimed that, contrary to what they had been told, the horse was never properly halter-broken. The case was defended on the theory of assumption of risk.
Settlement Discussions
The plaintiffs demanded $125,000; the defendant offered $20,000.
Injuries
The plaintiff wife claimed anterior cruciate and medial collateral ligament tears of the right knee, requiring two reconstructive surgeries. Two future knee replacement surgeries are also possible.
Result
The jury found for the plaintiffs and awarded $264,682 gross (including $15,000 for loss of consortium). This was reduced on a finding of 40 percent comparative fault to $164,809 net.
Deliberation
four hours
Poll
9-3
Length
four days
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