Duren v. Kunkel

814 S.W.2d 935 (1991)

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Nature of the Case

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Facts

D bought a Limousin bull at a sale. The bull was mature, weighing about 1800 pounds. D told P that he got the bull 'a little cheaper' because the bull 'acted up' in the sale ring. The exact nature of the bull's conduct was not disclosed, but P understood 'acting up' to mean trying to climb a fence, snorting, and pawing. D had the bull delivered to his farm. After the bull arrived at the farm, Dl kept it in a separate pen for two or three days until it 'settled down.' P was at Ds farm assisting in separating cattle in preparation for castrating and immunizing calves. The Limousin bull was left with the calves in a corral. D wanted the bull moved because of his concern that the bull would 'get together' with a longhorn bull that was just 'over the fence.' D directed P to move the bull out of the corral. To do so required that the bull be moved past and very near where the calves had been castrated. A quantity of blood was on the ground. P drove the bull to a point about six feet from where the blood was on the ground. The bull then turned and attacked. P was knocked unconscious and sustained substantial and permanent injuries. P produced an expert who claimed that Limousin bulls are the most aggressive of all beef breeds, that all bulls are dangerous, and that Limousins tend to be more aggressive and active than other breeds. The expert stated that most bulls react aggressively in the presence of blood and it would be especially dangerous for one man to attempt to move a bull alone. A safer method of movement would require that there be more than one man or a few cows with the bull and that driving a bull near fresh blood causes a bull to be more excitable and dangerous. The jury found both P and D to each be fifty percent at fault. P's damages were assessed at $200,000. A judgment of $100,000 was entered for P. D appealed.