MacHo v. Mahowald

I respectfully dissent. Keeping in mind the narrow parameter for upsetting a jury verdict, the trial court properly granted judgment notwithstanding the verdict. One prior incident of a horse running to an alfalfa field does not constitute a vicious propensity in the animal, nor can it possibly give rise to a duty to warn. Unlike kicking, biting, bucking or other antisocial attributes for a horse, its desire to eat alfalfa, even with a rider on its back, is at most a “potential danger” to a rider.

It is not enough that there be a potential danger, but there must be a propensity, that is, a…