“It is alleged that the (rider) failed to maintain control of the horse.
“The horse fell and landed on the applicant.”
The liability and/or extent of liability owed by the four defendants to Scarlett, as well as damages, are matters between the parties.
The court said evidence showed she suffered a fractured skull, significant deafness or permanent hearing loss in her left ear, facial nerve paralysis, pulmonary contusion and mild brain trauma.
He cited a number of medical records, one of which indicated that she suffered from moderate head trauma from which she had cognitively recovered well.
However, he did mention behavioral and emotional changes that impact social development, sibling relationships, and classroom participation.
The defendants argued that the medical data did not support a determination of damages in excess of $500,000.
The only physical constraints mentioned by the girl’s parents related to the balance of tasks and her aptitude for household chores and hobbies were recognized by the experts.
However, the court said all of the evidence supported a decision made by the girl’s lawyer at this stage of the proceedings.
This “gives the impression that it is possible that, if the plaintiff prevails in her claim, the amount of damages could exceed the jurisdictional limit of the district court.”