Facts

In the early morning hours of Feb. 12, 2005, Sam Lee, a 48-year-old real estate agent, was driving along Santa Rosa Road in Camarillo when a horse from a nearby residence ran on to the road and collided with his car, killing both Lee and the horse instantly.

The plaintiffs, the decedent's wife of 23 years, and his two adult children, filed suit against the horse owners, Michael and Kathleen Sheehan, arguing that the corral in which the horses were kept was built of inadequate materials and was dilapidated. After some written discovery, the parties settled for the Sheehans' $1 million homeowners insurance policy limits.

During the course of discovery and investigation, it was learned that a large Siberian tiger had escaped from a wild animal sanctuary and was roaming through Ventura County at the time of this accident. The tiger, and tracks from the tiger, were observed at various locations in Moorpark and Camarillo, both east and west of the Sheehan property, and both before and after the accident. Moreover, an animal paw print was found on a fence post from the Sheehans' corral. Due to the heavy rains that occurred during that time period, no other animal prints were found.

After settling with the Sheehans, the plaintiffs brought in as defendants Charles and Melinda Carmichael, who had rented a mobile home on their property in Moorpark to the owners of the wild animal sanctuary from which the tiger had escaped. The plaintiffs contended that the tiger had frightened the Sheehans' horse, causing it to run out into the road and collide with the decedent's car.

After extensive discovery, the Carmichaels also agreed to pay their $1 million homeowners insurance policy limits, in response to plaintiffs' C.C.P. Section 998 offer.

PLAINTIFF'S CONTENTIONS:
As to the Sheehans, the plaintiffs contended that the fence surrounding their corral was built of inadequate materials and was dilapidated, which allowed the horse to easily break through the fence and escape.

As to the Carmichaels, the plaintiffs argued that they were negligent in renting their mobile home to a couple with over 20 wild cats, without having obtained a required conditional use permit from the county, without having run a thorough background check on the renters and without having insisted that the renters install adequate facilities for housing the animals. Prior to the subject accident, a lynx escaped from the property, and an inspection by the Fish & Game Department found numerous code violations with regard to how the animals were being housed.

DEFENDANT'S CONTENTIONS:
The Sheehans argued that their fence was adequate given that their horses had never attempted to escape from the property before. They also argued that it was the tiger that frightened the horse and caused the accident.

The Carmichaels argued there was no evidence connecting the tiger to the escape of the horse. No witness observed the tiger in the vicinity of the Sheehan property around the time of the accident. The Carmichaels' animal tracking expert inspected the paw print on the Sheehans' fence post and concluded that it was from a large dog. A Fish & Game warden inspected the post and concluded that the print was from a large cat, but that it appeared to be smaller than the paw of the tiger that he had been tracking.

In addition, there was an issue as to Carmichaels' insurance coverage. Their carrier defended the case under a reservation of rights, and the Carmichaels filed a cross-complaint against their insurance broker, arguing that the broker had negligently failed to obtain umbrella coverage and a policy covering the mobile home. As part of the settlement with the plaintiffs, the Carmichaels dismissed that cross-complaint in exchange for a waiver of costs between the parties. No settlement monies were paid on the cross-complaint.

Damages

The decedent was a successful real estate agent and the plaintiffs' loss of financial support was projected at approximately $2.7 million to $2.9 million.

Result

Total settlement of $2 million.

Other Information

FILING DATE: Aug. 4, 2005.