Posted in Newsletters - 2014 on September 26, 2014
John Howard obtained a defense verdict in the case of Radosevich v. Dreamstar Custom Homes, Inc. Originally, the case involved issues of negligence, fraud, and breach of contract with regard to the construction of an equestrian estate in Wellington, FL. The case was bifurcated by the court so that the negligence portion of the trial could be tried separately from the breach of contract and fraud claims. In the negligence case the Plaintiff alleged that within 2-3 days of moving into the new equestrian estate, her prize-winning thoroughbred horse, a grandson of Secretariat, stepped on a piece of construction debris that had been negligently discarded by Dreamstar, which caused an abscess in the right front hoof, caused the horse to founder, and led to the ultimate demise of the horse by euthanasia in February 2009. The Defense argued that the actual cause of the horse's injury and ultimate death was unknown and that there was no evidence that the horse stepped on construction debris, as opposed to any other object on the ground. A Motion for Summary Judgment and Motion for Directed Verdict were denied by the Court, which held that the evidence was sufficient for the jury to draw an inference that the horse stepped on construction debris, which was the proximate cause of the horse's injury. After deliberating for 45 minutes, the jury returned a defense verdict, finding that the Defendant was not negligent.