Facts

Plaintiff Tammy Lowe claimed that defendant John Growney breached oral contract when she sent her horse to his ranch for time off. Growney then gave the horse away to defendant David Murdoch. Defendant Murdoch then sold the horse to defendant Christy Colgate.

Plaintiff then posted on Facebook that all three defendants had hijacked and embezzled the horse. She further posted that Colgate had bought the horse for $2,500. Plaintiff brought this action against the defendants based on breach of contract and conversion.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Growney entered an oral contract so that plaintiff could send her barrel racing horse to his ranch for time off for a year. Plaintiff also contends that no one was named specifically in any Facebook posting by plaintiff.

DEFENDANT'S CONTENTIONS:
Growney, a stock contractor, contended that the horse was given to him because of its propensity to buck, which made it unsuitable as a barrel racing horse and made it dangerous. Growney claimed there was no contract, no consideration and he would have no use for the horse on his working ranch. He found a home for the horse with Murdoch. Defendant Murdoch then sold the horse for $5,000 to Colgate.

Damages

Plaintiff claimed that horse had a value of $120,000 plus she asked for an additional $50,000 for loss of winnings, interest and costs for a total of $170,000. Defendant expert, Sharon Camarillo, testified that horse had no value because of its propensity to buck, which made the horse unsuitable for a barrel horse and dangerous.

Result

Defense. Colgate filed a cross-complaint for intentional infliction of emotional distress as a result of all items published on Facebook about her. Colgate told Judge Mary Ann Murphy that she wanted no monetary compensation at all and would settle for a $1. Judge found in her favor and gave her a $1.

Other Information

FILING DATE: Aug. 8, 2011.