Oswald v. Circle Bar C Ranch

On March 8, 2024, the Kentucky jury delivered a $3,380,921 verdict in favor of Haley Oswald who suffered a traumatic brain injury due to the negligence of Jason Cornett, the owner of Circle Bar C Ranch, during a horse trail ride.

Case Background

Haley Sparks Oswald, an 18-year-old pre-nursing student at Bellarmine, filed a negligence lawsuit against Circle Bar C Ranch before the Kentucky State, Oldham County Courthouse. Judge Jerry Crosby presided over this case. [Case number: 18-106]

Cause

On the morning of November 19, 2017, the Circle Bar C Ranch in LaGrange organized a horse trail ride for eight participants, including Cornett and a fellow guide. Haley Sparks Oswald was one of the riders. She came with her friend and her friend’s family.

The friend’s father appeared to be in charge and signed the injury waivers for the group. Since Oswald was an adult, she needed to sign her own waiver, but she never saw or signed one. Although the waiver issue came up in litigation, it did not affect the jury’s final decision.

Cornett arranged for the riders to be tacked and assigned horses. Cornett did not measure Oswald for tack, merely providing her with a saddle and stirrups. Additionally, he failed to offer helmets to the riders.

There was no inquiry into Oswald’s horse experience. Although her family had owned a horse named Hammer, Oswald was inexperienced with equestrian activities. Cornett assigned her to a horse named No. 22, a so-called “Bay Horse,” and gave minimal riding instructions—just to pull to stop and kick to go. The horse was uneasy, rowdy, and unresponsive.

The ride quickly went awry. Within moments, three riders, including two younger boys, had fallen. Their mother decided to return, ending the ride. Cornett allowed Oswald and her friend to continue but directed them to a path leading back to the barn.

The return did not go smoothly as Oswald’s horse crossed a creek and jumped over branches before galloping back to the barn. As Oswald’s foot slipped from the stirrup, she was thrown, and her friend fell off her horse too.

Injury

Due to the Defendant’s negligence, Oswald sustained a traumatic brain injury (TBI) from the fall. Although she attempted to continue her studies, she eventually dropped out. She experienced severe depression and mild cognitive dysfunction. Her most severe and persistent symptom was debilitating migraine headaches.

Damages

Oswald sought both general and special damages. Her damages were estimated at over $10.3 million. This amount covered $130,921 in medical bills and $1,399,469 for future care. The instructions set the maximum for impairment at $5,838,238. Additionally, Oswald sought $3,000,000 for pain and suffering.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Haley Sparks Oswald
    • Counsel for Plaintiff(s): Abigale Rhodes Green | Blake D. Donithan | H. Philip Grossman | Zachary Taylor
    • Experts for Plaintiff(s):  Dr. Tim Potter, Ph.D. | Sara Ford
  • Defendant(s): Circle Bar C Ranch | Jason Cornett
    • Counsel for Defendant(s): Maxwell D. Smith | William J. Barker, Jr
    • Experts for Defendant(s): Wayne Hipsley

Claims

In this lawsuit, Oswald claimed negligence by Cornett and the ranch in managing the trail ride. This case conflicted with Kentucky’s Farm Animal Activities Act (FAAA), KRS 247.401. Its purpose was to protect entities that offer animal-related activities.

The statute, although oddly drafted, provides several exceptions to its immunity for animal providers. Two exceptions relevant to this case were: First, if Circle Bar C Ranch failed to provide equipment or tack to Oswald that it knew was faulty, such as a helmet. Second, if the ranch did not properly assess Oswald’s ability to participate in the activity safely. Oswald built her entire argument on these exceptions.

Defense

Circle Bar C Ranch defended itself on multiple grounds, including invoking the FAAA and its protections. The ranch argued that Cornett acted reasonably when assessing Oswald and assigning her to Horse No. 22, which he described as easy-going and docile. Cornett also stated that helmets were available in the tack room, though Oswald claimed she did not see any helmets.

Additionally, the defense argued that Oswald shared some fault under the FAAA and understood the risks associated with trail riding.

Expert Testimony

Oswald based her case on the two exceptions using evidence from Dr. Tim Potter, Ph.D., a horse safety expert from Alexandria. Potter testified that Cornett had not measured Oswald for tack nor inquired about her riding abilities. He also noted that Oswald’s horse was “barn sour,” meaning it was eager to return to the barn.

Oswald’s vocational and damages expert was Sara Ford from Louisville. She quantified Oswald’s damages for pain and suffering at $3,000,000.

The Defendants countered with testimony from Wayne Hipsley, a horse safety expert from Lexington, affiliated with horselawexpert.com.

Jury Verdict

On March 8, 2024, the Kentucky jury first evaluated Oswald’s negligence claim within the framework of the FAAA. She needed to prove one of two exceptions specified by the court’s summary judgment order: (1) the failure to provide equipment or tack that the defendant knew or should have known was faulty, or (2) providing a farm animal without making reasonable efforts to ensure Oswald’s safety. The instructions made it clear that Oswald had to prove one or both exceptions to win her case.

The jury answered “yes” to whether Oswald had met this burden. However, the instructions did not require them to specify which exception applied or if both did. Next, the jury determined there was no fault on Oswald’s part, in line with the FAAA guidelines.

When considering damages, the jury awarded Oswald her claimed medical expenses of $130,921 and an additional $1,000,000 for future care. They also assessed her impairment at $1.25 million. For pain and suffering, they granted her $1,000,000. The total verdict for Oswald amounted to $3,380,921 in this horse trail negligence case.

Court Documents:

Available upon request