Gabriel v. Lovewell

Ron Gabriel and wife, Lana, horse farm owners, appeal from a judgment on a jury verdict in favor of Clyde Lovewell, horse owner, based on Lovewells allegations of negligence and breach of implied warranty in connection with the death of a filly in the Gabriels care. The jury awarded damages of $10,075.00 plus prejudgment interest of $4,372.27, court costs of $4,446.22, and attorneys fees of $40,000.00, totaling $58,893.49 plus postjudgment interest. Although Lovewell also alleged conversion and use of false, misleading, or deceptive trade practices, the jury limited his recovery to the allegations of negligence and breach of implied warranty. On appeal, the Gabriels contend that, because Lovewell failed to present expert testimony, there is legally and factually insufficient evidence to establish the causation element of each cause of action. We conclude the evidence is legally and factually sufficient and affirm the trial courts judgment.