Agitated Horse Bit Off Plaintiff’s Thumb
On March 2, 2005, plaintiff Kathy McMurray, 52, a part-time Costco employee, was bitten on the left hand by an Appaloosa horse named Roddy that was owned by Daryl Bryan. The horse bit off her left thumb.The horse was being kept in a rental pasture in Sacramento owned by Richard McMurray, Kathy McMurray’s father-in-law, and rented by Bryan. The three-rail wooden fence enclosing the pasture was 4 feet tall. The horse had been kept in the pasture for about four years and nine months prior to the incident. McMurray’s family was renting the house and grounds next to the rental pasture.
McMurray sued Bryan and her father-in-law, claiming that they were negligent for failing to protect her from the horse.
McMurray claimed that she had been standing next to the fence talking to Bryan, who was tending to his animals. She claimed she had been petting Roddy on the nose for several minutes when she noticed he seemed to be getting agitated, prancing around and rearing up.
McMurray claimed that she moved back “a few feet” away from the fence when she noticed Roddy’s agitation.
McMurray claimed that Roddy suddenly charged at the fence and knocked the top rail off one end of the post. She claimed Roddy then reached out and bit her left thumb. McMurray claimed Roddy then raised his head, lifting her off the ground by her thumb. McMurray’s head then hit an overhanging tree branch and her thumb separated from her hand and she fell to the ground.
Bryan retrieved McMurray’s thumb from the horse’s mouth and placed it on ice.
McMurray claimed that the horse had exhibited dangerous behavior in the past.
McMurray also claimed that the property housing the horse was dangerous, because the fence was too short to properly contain the animal, and because it was improperly constructed with the rails on the outside of the posts, allowing the horse to reach outside of the fence and bite her.
McMurray also alleged a trespass theory on the basis that the horse was able to reach outside the confines of his pasture and reach her while she was standing on her side of the fence.
Bryan claimed that the horse had never exhibited dangerous behavior in the past.
Defense counsel contended that the fence was appropriate and within the standards of the community.
Defense counsel also contended that the plaintiff had voluntarily placed herself in a position to be injured by the horse, regardless of the position of the top railing.
McMurray suffered a total traumatic amputation of her left, non-dominant thumb, with stripping of forearm tendons. She also claimed a strain to her left shoulder and rotator cuff, as well as injuries to her front teeth requiring future orthodontic treatment.
McMurray and her iced thumb were transported to the UC Davis hospital immediately after the incident. She was then transferred to California Pacific Medical Center in San Francisco for replantation microsurgery.
Dr. Rudolph Buntic performed replantation surgery on her thumb. It was only marginally successful, due to the extent of tissue damage to the severed thumb. The thumb developed dry gangrene distal to the base of the first knuckle. The replanted thumb died over a period of a few months, resulting in 80% loss of the thumb.
A great toe-to-thumb transplant was recommended, but rejected by McMurray due to questionable benefits, the potential risk of failure and a resultant foot disfigurement.
McMurray will need a new prosthetic thumb every two years for the next 30 years, which will cost about $60,000.
McMurray claimed $127,160.11 in past medical expenses, reduced post-verdict by amount of contractual write-offs to $53,400. She claimed $65,600 in future medical expenses and $5,512 in lost wages. She sought $400,000 in damages for her past pain and suffering, and a “reasonable amount” for her future pain and suffering.
Defense counsel suggested total damages of $288,000, before reduction of comparative negligence.
The jury found that McMurray was 75 percent negligent, her father-in-law was 15 percent negligent and Bryan was 10 percent negligent. She was awarded $398,472.61, which was reduced to $324,712.50 for contractual write-offs. This amount was then reduced to $81,178.13 for the plaintiff’s comparative negligence.
After trial, several jurors said they were impressed by the fact that McMurray was aware the horse was agitated. They said they felt it was incumbent upon the plaintiff to move to a safe location, not just a few feet away, where the horse could still reach her.