This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

May 16, 2002

Personal Injury (Non-Vehicular)
Premises Liability
Negligence

Confidential

Settlement –  $300,000

Court

Riverside Superior


Attorneys

Plaintiff

John L. Simonson

Joaquin A. Sosa


Defendant

Dennis J. Ponsor


Facts

In 1990, the then 8-year-old plaintiff suffered a serious and permanent leg injury when she was thrown from a
large sheep she was riding in the backyard of a rural Riverside County home where she was a guest for the
weekend. The plaintiff claimed she was quickly ushered by the homeÆs owners from the house to the backyard
with her young brother shortly after she arrived there with her mother and grandmother to stay for a long
holiday weekend. She maintained that she was encouraged to explore the large, ranch-like exterior of the
property which was occupied by penned horses, goats, sheep and chickens. She said she was encouraged by
one of the homeowners who was working in the backyard, to play with a large free-roaming sheep named
"Angel." The homeowner said that Angel believed it was a dog who would chase after children if they ran
from it. Soon the children took turns lying across the back of the animal and riding it while it chased the other
child. The sheep was wearing a loud bell that sounded when it ran.
The plaintiff and her mother claimed that the homeowner was present in the backyard
during the sheep-riding activities. The plaintiff was thrown from the sheep and against a corral
post when the sheep turned sharply. The plaintiff suffered multiple femur fractures to one leg in
the fall.

Settlement Discussions

The plaintiff made a statutory demand of $750,000. The defendant offered policy limits of $300,000.

Specials in Evidence

$21,440

Injuries

The plaintiff suffered a compound fracture of her left femur. The bone was pinned and she was placed in a body cast for two months. After pin removal, she underwent six months of physical therapy. During adolescent growth, there was a 1 1/2 inch discrepancy in the length of the left femur over the right resulting in a permanent loss of normal gait and residual low back pain.

Other Information

The incident occurred in 1990 when the plaintiff was age eight. The suit was filed in 2001, approximately one month before the plaintiffÆs nineteenth birthday. Personal Injury


#127059

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390