Amarillo Court Awards $8.9 Million in Livestock Negligence

On August 3, 2011, a rollover accident occurred on north Dovell Road outside Amarillo when a truck, carrying the plaintiff as a front-seat passenger along with his son and grandchildren, encountered five or six cows in the road. The truck struck two cows, rolled eight times, and caught fire. The plaintiff, a self-employed carpenter, was extracted by his son and a passerby before the truck exploded. The plaintiff sustained multiple severe injuries, including a skull fracture, brain swelling, numerous fractures across his arm, shoulder, and spine, and a brachial plexus injury. He was placed in a medically-induced coma for 20 days and underwent multiple surgeries, including spinal stabilization and fracture repairs.

The cows had escaped from a nearby 140-acre property owned by the defendant, a farm owner. The plaintiff filed a lawsuit, alleging negligence in failing to secure the livestock. Other parties initially named were later dismissed. The plaintiff argued the accident occurred at night on a dark road during a severe drought, which prompted cows to wander for water. A fence expert testified that the property owner violated the county's closed-range policy by using a single-strand hotwire fence instead of proper fencing. Evidence also indicated a similar accident involving wandering cows had occurred days prior. The plaintiff sought compensation for over $1 million in medical expenses, lost earnings, and significant damages for pain, suffering, mental anguish, and disfigurement, arguing permanent disability.

The defendant denied liability, maintaining that an open-range policy existed in the county, which would permit cows to wander freely. Despite this defense, the court ruled in favor of the plaintiff, awarding $8.9 million. The outcome likely reflected the court's finding that the defendant was negligent in maintaining adequate fencing and complying with local livestock regulations, which directly contributed to the plaintiff's severe injuries.