Facts

Tom Selleck brought an action for fraud and breach of contract against Dolores Cuenca and her agents, Guillermo Obligado and Lynn Obligado, related to the sale of a show horse.

PLAINTIFF'S CONTENTIONS:
Selleck claimed defendants concealed the chronic lameness of the horse and concealed steroid shots administered to the horse prior to the pre-purchase examination performed by a veterinarian on behalf of Selleck. Cuenca's veterinarian admitted administering the steroid shots, but denied that he knew that the horse was in the process of being sold.

DEFENDANTS' CONTENTIONS:
Cuenca and the Obligados denied knowledge of the steroid shots being given. Plaintiffs purchased the horse "as is." The defense contended that plaintiff relied upon his own experts and caused a new injury to the horse after purchase.

Result

The jury awarded $187,000 to Selleck in compensatory damages ($120,000 for the price paid for the horse and $67,000 for board, care and veterinary bills). The punitive damage phase was not tried, since defendants offered $250,000 to settle prior to the punitive damage phase being heard. Selleck accepted $250,000 in settlement.

Other Information

Only fraud causes of action were tried. The breach of contract causes were pled, but not expressly pursued at trial.