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HASTINGS v. SAUVE

No. 78.

21 N.Y.3d 122 (2013)

989 N.E.2d 940

967 N.Y.S.2d 658

2013 NY Slip Op 3120

KAREN HASTINGS et al., Appellants, v. LAURIER SAUVE et al., Respondents, et al., Defendant.

Court of Appeals of New York.

Decided May 2, 2013.

Attorney(s) appearing for the Case

Fischer, Bessette, Muldowney & Hunter, LLP, Malone ( Matthew H. McArdle of counsel), for appellants.

Napierski, VanDenburgh, Napierski & O'Connor, LLP, Albany ( John W VanDenburgh and Christina D. Porter of counsel), for Laurier Sauve, respondent.

O'Connor, O'Connor, Bresee & First, PC., Albany ( Danielle N. Meyers of counsel), for William Delarm, respondent.

OPINION OF THE COURT

SMITH, J.

We hold that the rule of Bard v Jahnke (6 N.Y.3d 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...

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