Facts

On April 22, 2009, at 5:20 p.m., plaintiff Willie Barganier, 53, was driving south on Forty Mile Road near Marysville when a horse ran out onto the roadway in front of her. Her vehicle struck the horse, killing it.

Barganier sued the owners of the horse, Hofman Ranches and Frances Hofman. She alleged that the defendants failed to properly maintain their property, causing the horse to escape and create a dangerous condition. She further alleged that the defendants were generally negligent. She argued that the defendants failed to secure the gate to the horse's enclosure and had no plan for dealing with loose horses. As a result, the horses were left to roam the premises unsupervised while Hofman was away. Barganier further contended that when Hofman returned, she did not secure the horses nor close the front gate of the ranch, allowing the horses to escape and enter the roadway.

Hofman argued that a gate to a horse arena was left open and four horses escaped. When Hofman attempted to get the horses back, they bolted and ran toward the road, with one running out onto the roadway in front of Barganier. Hofman argued that she was not negligent because she had taken appropriate action to get the horses back into the arena.

Damages

Barganier's past medical specials totaled $63,770. She sought recovery of damages for her past lost earnings, totaling $82,643.

Injuries

Barganier developed symptoms associated with Chiari malformation, a congenital defect in the area of the back of the head where the brain and spinal cord connect. She underwent surgery to correct the condition. She also developed myofascial pain syndrome. Once Barganier continued to suffer from chronic back pain after the surgery, she was started on a course of injections, prescriptions, and pain medications. She ultimately underwent six rounds of injections.

Result

The jury awarded Barganier $853,222.

Deliberation

eight hours

Length

nine days