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
A Florida driver sued after colliding with a group of cows who had escaped their confines in the middle of the night. Photo: HansWithoos/iStockphoto.com
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:
More appeals stories:
American Airlines Protecting Internal Documents in Wrongful Death Suit Alleging Discrimination
In 'Bizarre' Flip, Florida Supreme Court Retracts Nationstar Attorney-Fee Ruling
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Holland & Knight Hires Former Davis Wright Tremaine Managing Partner in Seattle
3 minute read
RFK Jr. Will Keep Affiliations With Morgan & Morgan, Other Law Firms If Confirmed to DHHS
3 minute read
Plaintiffs Attorneys Awarded $113K on $1 Judgment in Noise Ordinance Dispute
4 minute read
Local Boutique Expands Significantly, Hiring Litigator Who Won $63M Verdict Against City of Miami Commissioner
3 minute readTrending Stories
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
