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Farmer not responsible for injuries caused by escaped cows

Ted Whitby sued Dennis Lee Wright in Calhoun County Circuit Court after he was injured while attempted to help herd loose cattle out of the road and back into their pen.  He argued that the farmer who owned the cows was negligent and should be responsible for his injuries.  The trial judge held that the farmer owed him "no duty" and granted summary disposition.  The Court of Appeals upheld the lower court, ruling that Whitby didn't produce adequate evidence to support his claim that the farmer was negligent in failing to contain the animals.  It also held that a statute affording a remedy for property damage to victims of stray beasts did not afford an injury victim a cause of action.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262