Insurance Coverage: Court denies insurer’s motion for summary judgment pursuant to animal injury exclusion in CGL policy
The defendant, Mancini Realty, LLC, sought coverage under its policy with the plaintiff, Diamond State…
On August 4, 2017, Jackson O’Keefe partner, Philip R. Dunn, Jr., obtained a favorable verdict in the matter of Myers V. Ferrara, et al in the Hartford Superior Court. Judge Cesar Noble presided over this four week jury trial.
The case stemmed from a horse kicking incident that occurred at a horse show in Glastonbury. Attorney Dunn’s client was leading his horse to his trailer after performing in the Hunter ring and the plaintiff was walking towards the horse from the opposite direction. The plaintiff had approximately 15 feet between the horse and a show ring fence, but ceased paying attention to the horse as she passed by and according to an eye witness she walked within five feet of the horse before it kicked. The plaintiff claimed the horse owner was negligent for walking an agitated horse into an area where pedestrians were present and failing to control the horse.
The plaintiff also sued the show grounds owner claiming that he did not offer enough space for pedestrians and horses to pass and did not prevent horses and pedestrians from mingling.
The defendants alleged that the plaintiff was negligent for taking her eyes off the horse, entering the area before allowing the horse to pass and for failing to take an alternate path not used by horses. The plaintiff suffered four broken ribs and also claimed she suffered a concussion and developed vertigo, headaches and memory problems. The plaintiff’s concussion and post concussive symptoms were hotly contested via competing expert witnesses.
The firm congratulates Attorney Dunn on this victory!