Cunningham v. Bundy

BISTLINE, Justice.

On August 17, 1975, at about 8:15 p. m., plaintiff Georgia Cunningham was a passenger in a car being driven by her brother on a public highway along the Coeur d’Alene River in Shoshone County. Just after passing the Mary Bundy property, the car was struck by Eugene Bundy’s horse which had gotten out of its fenced pasture and, apparently spooked, unsuccessfully attempted to jump over the passing car.

It was undisputed that: 1) plaintiff suffered a compression fracture of the second lumbar vertebra, resulting in some disability and medical expenses of $1,380.11; 2) the area in…