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CONFIDENTIAL

Oct. 14, 2003

Personal Injury
Negligent Design
Horse Incident

Confidential

Settlement –  $170,000

Court

San Diego Superior


Attorneys

Plaintiff

James D. Morrison


Defendant

Robert W. Frank
(Neil, Dymott, Frank, McCabe & Hudson)

David A. Clinton
(Clinton & Clinton )


Experts

Plaintiff

David M. Donnelly
(medical)

Defendant

Albert A. Cutri
(medical)

Facts

On June 19, 2001, the plaintiff was injured while working at the defendant's farm. At the time of the injury, she was tending to a horse that had been tethered to a metal bar anchored in a railroad tie, a series of which formed a corral on the defendant's property. Concurrently, at least three other horses were loose in the corral and one of them, apparently, nipped the rear of the animal that the plaintiff was tending to, causing the tethered horse to rear up on its hind legs, pulling the metal bar out of the railroad tie and striking the plaintiff in the jaw and face.

Specials in Evidence

$60,000 (this was disputed by the defense and additionally, the defendant's carrier contended that the injury was not a covered loss)

Injuries

The plaintiff sustained a right mandibular fracture of her two front teeth (numbers 8 and 9). She underwent an open reduction with internal plate fixation and intermaxillary fixation. She subsequently had root canals and crowns on the front teeth. She continues to suffer TMJ pain because of derangement of the joint. Splint and physical therapy have been recommended by both the plaintiff and the defense. There is a potential need for corrective TMJ surgery.

Other Information

The case was settled at second mediation before retired Judge Robert J. O'Neill, approximately one month prior to trial.


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