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eBook details

• Title: Turcq V. Shanahan
• Author : Supreme Court of Wyoming
• Release Date : January 16, 1997
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

The issues in this case arise out of a rather singular infliction of harm upon Debra L. Shanahan (Shanahan), an animal control officer, by a Great Dane owned by Donna Turcq, n/k/a Donna Sasso (Turcq). When Turcq left the Great Dane unattended, but tied, in her back yard, Shanahan answered a call complaining of the dog's barking. Shanahan was injured when she attempted to force the animal into her animal control vehicle. Turcq appeals from a judgment entered on a jury verdict in favor of Shanahan, raising as a primary issue the failure of the theory of the case instruction, given by the court at Shanahan's request, to adequately advise the jury of the element of proximate causation. Collateral issues relate to the sufficiency of the evidence with respect to Turcq's negligence and, in the alternative, proximate cause; the sufficiency of the evidence to sustain the award of damages by the jury; and the refusal of the trial court to require the jury to itemize damages on the verdict form. We hold that, when the theory of the case instruction offered by Shanahan is read with all of the instructions, the law given to the jury relative to proximate cause was correct; there was sufficient evidence to sustain the jury's findings of negligence and proximate cause; and the trial court did not err in not requiring the jury to itemize damages on the verdict form. The Judgment entered in the trial court based upon the jury verdict is affirmed.

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