Karen Kohl, William Kohl v. Gary Amaral
Published: Feb. 23, 2002 | Result Date: Nov. 28, 2001 | Filing Date: Jan. 1, 1900 |Case number: GIC757926 Verdict – $25,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Charles S. LiMandri
(LiMandri & Jonna LLP)
Defendant
Experts
Plaintiff
Willard Ommert
(medical)
Don Burt
(technical)
Defendant
Jeffrey Oney
(medical)
James E. Ballowe Jr.
(technical)
Facts
According to the plaintiff: The plaintiffsÆ business of breeding valuable Egyptian Arabian horses centered on one,
unique, prize champion stallion. The defendant, the stallionÆs long-term veterinarian, was required to perform a
naso-gastric intubation of mineral oil into the stallionÆs stomach to ease the horseÆs gastric problems. The
defendant botched the procedure and caused the horseÆs death. The horse died by aspirating the mineral oil in
its lungs because the defendant pumped the oil through the tube without assuring that the tubeÆs terminus
remained in the stomach. The defendant purposely continued to pump the oil at a hurried pace, to drain the
bucket, even after learning the tube was slipping and that it likely had come out of the stomach.
According to the defendant: The plaintiffsÆ horse was treated for suspected colic, which
can be an intestinal blockage. The horse was treated with mineral oil through a stomach tube
and may have aspirated mineral oil into its lungs. The stomach tube was being held by the
horseÆs owner, plaintiff Karen Kohl, while the defendant doctor pumped oil into the horse. During
this process, the tube started to come out. This resulted in the eventual death of the horse. The
question in this case was whether Ms. Kohl was comparatively at fault for not holding the tube
properly.
Settlement Discussions
The plaintiffs demanded $1 million on March 3, 2001, subsequently reduced to $300,000 on Sep. 2, 2001.
Damages
According to the plaintiff: Because the plaintiffsÆ horse was a rare, champion Egyptian Arabian stallion that was sired by a stallion belonging to the most celebrated line of Egyptian Arabian stallions in this century, and because the plaintiffÆs horse stood at the core of the plaintiffsÆ horse-showing and horse-breeding business, the plaintiffs sought $400,000 to $500,000 damages. However, the court denied the plaintiffsÆ request for a jury instruction on the peculiar value of the horse, pursuant to Civil Code Section 3355. The defendantÆs expert, a horse trainer and not an appraiser, was unfamiliar with the stallion and was unaware of the stallionÆs noble lineage. He testified without adequate basis that the horse was worth only $10,000 to $20,000. This also ignored the fact that each foal sired by the plaintiffÆs horse alone fetched $5,000 to $10,000. According to the defendant: The plaintiffs claimed that the horse was an Arabian stallion, with an alleged value of $400,000 to $450,000. A defense expert testified that the horse was in fact an ordinary horse, worth $10,000 to $20,000.
Other Information
The verdict was reached approximately one year and one month after the case was filed.
Poll
12-0 (liability), 9-3 (damages)
Length
six days
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