Animal Injury-Escaped Horses on Roadway Blamed for Motorist’s Injury
Date: September 2010
PLTF Medical: Dr. Kyle Shepperson (Orthopedist)
Summary: Plaintiff was driving in rural Madison County when he saw a minivan collide with two horses. He then swerved to avoid a horse in the roadway. He heard a pop in his right shoulder and was diagnosed with a SLAP tear. The horses had escaped from their fenced in pasture. Plaintiff contended that there was a prior incident with Defendant’s horses escaping. Defendant argued the prior incident involved different horses and a different pen and that they had had no other incidents in decades. Plaintiff refused treatment at the scene but sought medical treatment the next day.