Yesterday, the Mississippi Court of Appeal affirmed summary judgment in favor of Joseph Hester, owner of the horse, "Diego."  In 2008, Diego was involved in an automobile accident, after he led two compatriots out of his fenced pasture.  Weighing in at 1,000 pounds, Diego survived the incident. However, the driver of the motor vehicle claimed damages of $69,000 resulted from the negligence of Hester in allegedly failing to properly corral Diego and the other horses.  The lower court granted summary judgment for Hester.  On appeal the Court of Appeal agreed, concluding the Plaintiffs had not offered any evidence creating a jury question as to whether Hester had used proper fencing materials to keep his horses out of the nearby roadway.

Tristan Russell Armer with the Firm's Coast office represented Hester.

Click here for the online court opinion.