Legal Opinion

Hastings v. Sauve

New York Court of Appeals

Decided May 2, 2013PublishedCited by 54 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

We hold that the rule of Bard v Jahnke (6 NY3d 592 [2006]) does not bar a suit for negligence when a farm animal has been allowed to stray from the property where it is kept.

Karen Hastings was injured when the van she was driving hit a cow on a public road. The cow had been kept on property owned by Laurier Sauve, and the cow itself was owned by either Albert Williams or William Delarm. There was evidence that the fence separating Sauve’s property from the road was overgrown and in bad repair.

*125Hastings and her husband brought this personal injury action against…

2Cases cited5 opinions

  1. Collier v. ZambitoNew York Court of Appeals · 2004
  2. Bard v. JahnkeNew York Court of Appeals · 2006
  3. Petrone v. FernandezNew York Court of Appeals · 2009
  4. Bernstein v. Penny Whistle Toys, Inc.New York Court of Appeals · 2008
  5. Hastings v. SauveAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by54 opinions

  1. Hain v. JamisonNew York Court of Appeals · 2016
  2. Wolfgang Doerr v. Daniel Goldsmith / Cheryl Dobinski v. George O. LockhartNew York Court of Appeals · 2015
  3. Sargent v. MammoserAppellate Division of the Supreme Court of the State of New York · 2014
  4. William Deveneau v. Susan Weilt and Brian ToomeySupreme Court of Vermont · 2016
  5. Buicko v. NetoAppellate Division of the Supreme Court of the State of New York · 2013

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