Parker v. Parker

A jury rejected plaintiffs allegation that defendant negligently caused the death of plaintiffs horse when defendant’s dog chased the horse into a fence and the horse had to be euthanized. Before the case went to the jury, the parties filed motions for partial summary judgment on the question whether plaintiff had to prove negligence, as defendant argued, or whether ORS 609.140(1), set out below, creates statutory liability that does not require proof of any mental state. Defendant took the former position and plaintiff the latter. The court ruled in favor of defendant; on appeal, plaintiff…