Facts

On Aug. 31, 2008, Jerry Turmel was riding a horse on a property owned by Santos Chavez. When he was attempting to dismount near an iron gate, he was thrown from the horse. Turmel sued Chavez, alleging that the defendant failed to properly maintain the gate, creating a dangerous condition.

Turmel claimed that as he attempted to get off the horse, the wind blew the gate down and scared the horse, causing him to be thrown. He claimed that the gate was in poor condition and that Chavez was given notice of the condition, but failed to timely address the matter.

Chavez denied notice of the gate falling down periodically and denied ever receiving written notice about it. Chavez also claimed that when he visited the property and saw that the gate had fallen on a previous occasion, he had been told it was due to a police incident.

Damages

Turmel claimed $46,917.02 in medical bills.

Injuries

Turmel was hospitalized with multiple rib fractures, a punctured lung, a left scapula fracture, and transverse process fractures.

Result

The jury found Chavez negligent, but found that his negligence was not a substantial factor in causing Turmel harm.