Livestock Owner Not to Blame for Crash Caused by Runaway Cows, Court Rules
Ernest Carnahan sued after crashing into a group of cows gathered on an unlit Port St. Lucie road at 4:45 a.m.
April 24, 2019 at 02:25 PM
3 minute read
The Fourth District Court of Appeal wasn't mooved by a driver's plea for damages Wednesday when it affirmed a jury verdict finding a Florida livestock owner wasn't responsible for a collision involving his cows, who had escaped from an unlocked gate in the middle of the night.
Years of beef between driver Ernest Carnahan and the cows' owner, Robert Norvell, began at 4:45 a.m. on an unlit Port St. Lucie street in 2012. Carnahan wasn't expecting to find a hazardous congregation of cows in the road, according to the lawsuit, which sought damages and costs over the crash.
The lawsuit claimed Carnahan was hospitalized and suffered serious pain, disability, disfigurement, mental anguish and loss of earnings.
Carnahan blamed Norvell for leaving the gate to the pasture unlatched, suing under the Warren Act, which governs liability for livestock owners. But in 2017, jurors found Norvell wasn't legally at fault.
Carnahan pushed back at the trial court for blocking evidence that the cows had a history of escaping their pastures, having gone on multiple adventures over 30 years. But the court found those breakouts were prompted by hurricanes, hunters, fallen trees and vandals — not by an unlocked gate — and Carnahan wasn't able to produce evidence suggesting otherwise.
Carnahan's lawyers, Nicholas Shannin and Carol Shannin of the Shannin Law Firm in Orlando, said they're reviewing the decision for potential further action.
“On behalf of Mr. Carnahan, we are appreciative of the appellate review and opinion, even though we are disappointed in the result,” Nicholas Shannin said.
Norvell's lawyers, Caryn Bellus and Barbara Fox of Kubicki Draper in Miami, did not respond to a request for comment before deadline.
Fourth DCA Judge Spencer D. Levine wrote the opinion, backed by Judges Carole Y. Taylor and Cory J. Ciklin.
Read the court opinion:
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