Kimberly S. Hall v. Casa de Fruta Orchards Inc.
Published: Oct. 26, 2004 | Result Date: Apr. 7, 2004 | Filing Date: Jan. 1, 1900 |Case number: CV0300020 Bench Decision – $49,261
Judge
Court
San Benito Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Randi A. Galli M.D.
(medical)
Facts
In October 2002, Kimberly Hall and several friends visited a zoo on the premises of Casa de Fruta Orchards Inc. in Hollister. The zoo included an area where people could pet certain animals. Hall walked through an open gate and stood near a corral, which held four buffalo. The buffalo approached her. Hall reached through the corral fence to pet one of the buffalo's head, but it jerked its head and pinned her hand between its head and the metal fence.
Settlement Discussions
Hall made a C.C.P. Section 998 demand of $35,000. Casa de Fruta offered $3,000.
Damages
Hall sought past ($1,861) and future ($2,000) medical costs; and past ($5,400) and future ($40,000) pain and suffering.
Injuries
Hall claimed that her right hand was crushed and that she suffers from numbness and a crepitus in the first finger of her right hand. Hall also complained of difficulty writing, driving and opening jars. Hall's hand surgeon believed that she will most likely require two series of steroid injections into the right hand and exploratory surgery to try to treat the crepitus.
Other Information
The court ruled that strict liability did not apply because buffalo are not wild animals. As to Hall's other claims, the court determined that Hall was 70 percent liable and Casa de Fruta was 30 percent liable.
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