JUSTICE BY AND THROUGH MOSIMAN v. VERCHER

A169933.

518 P.3d 131 (2022)

321 Or. App. 439

JUSTICE, an American Quarter Horse, BY AND THROUGH his Guardian, Kim MOSIMAN, Plaintiff-Appellant, v. Gwendolyn VERCHER, Defendant-Respondent.

Court of Appeals of Oregon.

August 31, 2022.


Attorney(s) appearing for the Case

Matthew Liebman , Animal Legal Defense Fund, argued the cause and filed the briefs for appellant. Also on the briefs were Christopher A. Berry , Animal Legal Defense Fund; Margaret H. Leek Leiberan , Jensen and Leiberan; Matthew Hamity , Law Office of Matthew Hamity; and Sarah Hanneken.

Geordie Duckler , Portland, argued the cause for respondent. Also on the brief was Geordie Duckler, P.C.

Lindsey Stallings and Conway Law filed the brief amicus curiae for Animal Law Professors.

Richard L. Cupp, Jr., filed the brief amicus curiae pro se.

Julia E. Markley , Sasha A. Petrova , and Perkins Coie LLP filed the brief amici curiae for Robin L. Foster, Ph.D., CAAB, CHBC; Antonia J. Z. Henderson, Ph.D.; Tammy M. Donaldson, MS, Ph.D., CAAB; Nina Ekholm Fry, MSSC; Shawna Karrasch; Katherine Houpt, VMD, Ph.D., DACVB; Sharon Madere, CHBC; and Andrew Mclean, Ph.D.

Samantha J. Bayer and Mary Anne Cooper ; and T. Beau Ellis and Vial Fotheringham LLP, filed the brief amici curiae for Oregon Farm Bureau Federation; and Oregon Cattlemen's Association and Oregon Dairy Farmers Association.

Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.


As a matter of first impression, this case requires us to determine whether a horse has the legal capacity to sue in an Oregon court. Kim Mosiman, Executive Director of Sound Equine Options (SEO), filed a complaint naming a horse, Justice, as plaintiff, alleging Mosiman's legal authority to act as his guardian, and claiming negligence...

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