Carter v. Louisiana State University

520 So. 2d 383, 71 A.L.R. 4th 799, 1988 La. LEXIS 635, 1988 WL 15698
CourtSupreme Court of Louisiana
DecidedFebruary 29, 1988
Docket87-C-1766
StatusPublished
Cited by4 cases

This text of 520 So. 2d 383 (Carter v. Louisiana State University) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carter v. Louisiana State University, 520 So. 2d 383, 71 A.L.R. 4th 799, 1988 La. LEXIS 635, 1988 WL 15698 (La. 1988).

Opinion

520 So.2d 383 (1988)

Marvin CARTER
v.
LOUISIANA STATE UNIVERSITY, et al.

No. 87-C-1766.

Supreme Court of Louisiana.

February 29, 1988.
Rehearing Denied March 31, 1988.

*384 Bert Dexter Ryland, Garrett, Ryland & Nunnally, Rhett R. Ryland, Alexandria, for applicant.

Dorothy Thomas, Breazeale, Sachse & Wilson, Baton Rouge, for respondents.

WATSON, Justice.

In this suit alleging that veterinary malpractice resulted in the amputation of a horse's tail, the issue is whether the trial court was clearly wrong in holding the veterinarian liable.

FACTS

Plaintiff, Marvin "Frances" Carter, is the owner of a registered quarter horse, "Moonlite Danny", which was taken to the L.S. U. School of Veterinary Medicine. Because the horse was suffering from diarrhea, his tail was washed and covered with a plastic protective sleeve which was bound with a strip of adhesive tape. An ulcer appeared on the ventral or underside of the tail about two inches from the base of the tail at the approximate location of the adhesive tape. Because of spreading gangrene, the tail had to be surgically removed.

The trial court concluded that a student had been negligent in wrapping the tail too tightly and this necessitated the amputation. The attending veterinarian, Dr. Ralph Beadle, and Fireman's Fund Insurance Company,[1] were cast for $34,000 in damages on the basis of the horse's diminished value and loss of stud fees between 1983 and 1986.

The court of appeal reversed, finding manifest error in the holding that plaintiff proved by a preponderance of the evidence that a student wrapped the horse's tail too tightly.[2] A writ was granted to review the judgment.[3]

Plaintiff Carter testified that he acquired "Moonlite Danny" for breeding purposes on July 7, 1981, at a price of $7,500. The horse was approximately ten years old and could have been bred for ten to fifteen years. After insuring the horse for $10,000, Carter bred him to twenty-seven outside mares and three or four of his own. The charge in 1982 was $350 per live foal, which Carter described as an introductory price. In 1982, the horse earned $9,475 in stud fees.

Around September 10, 1982, Danny was having intermittent colic, i.e., stomach problems, and was treated by Dr. Neal Reeder at the Cenla Animal Clinic in Pineville. After the medication prescribed for the horse resulted in scouring or diarrhea, Dr. Reeder suggested transfer to the L.S. U. Veterinary School.

On September 17, 1982, a Friday, Carter took the horse to Baton Rouge. At the veterinary center, he furnished information for a health form on the horse. A student assisted in unloading him, and Carter talked briefly to Dr. Beadle. On Saturday morning, the horse's internal organs were palpated. On the following Monday, Dr. Beadle called Carter and said he thought the horse had a salmonella infection and *385 they were running tests. A few days later, Dr. Beadle called and said they had located the stomach problem, but the tail was infected and might have to be amputated. According to Carter, Dr. Beadle said that possibly a student had wrapped the tail too tightly resulting in gangrene. Later, Carter was advised that the tail had been amputated and the horse could be picked up in two or three days. According to Carter's testimony, the tail area was still bleeding when the horse was discharged. Carter paid a bill for $628.42. Dr. Beadle said the total charge was approximately $1,800.

Carter described several ill effects from the loss of the tail: The horse's looks were ruined, a large part of his appeal, because Carter was selling conformation[4] as well as breeding. In addition, the stallion's disposition changed, and he commenced kicking the sides of his stall. A tail helps a horse keep clean and fight insects. Insects are now a problem and the horse urinates in his stall and then rolls in the urine. Since he stays dirty, he has to be bathed fairly often and the horse has worn out two or three $35 blankets, each in a couple of weeks. The horse did not receive many breedings, and most of the people who came just wanted to see a bob-tail horse because it is a rarity. A bug light is another additional cost.

In 1983, Danny earned $3,250, although the price was increased to $750 for new mares. Most of the 1983 breedings, thirteen out of seventeen, were return breedings. In 1984, Danny bred five mares, which had not conceived the previous year, and one new mare. No money was involved; Carter traded one breeding for another. In 1985 only four or five mares were bred to Danny, even though the fee had been reduced back to $350. In 1986, Danny bred only one mare. In addition to the additional care and loss of stud fees, Carter is embarrassed by the appearance of his horse. He intends to sell the animal and buy another stallion because the conformation of the horse is ruined by the absence of a tail. The remaining tail area is insufficient for attachment of a prosthetic device. Carter has unsuccessfully attempted to market the horse for $2,000.

A 1982 advertisement represented that "Moonlite Danny" was the:

"... [S]ire of 3 ROM Qualifiers out of 6 starters (50%) (All Winners) including: Moonlite Cue Boy (si101-$13,040)—Moonlite Adventure (si78-$4,860) Live Entertainment (si80-$2,225).
* * * * * *
"Introductory Fee
$350-live foal."[5]

This advertisement was mailed to the 1,100 members of the Louisiana Quarter Horse Association in 1982 but not in 1983 or subsequent years. Carter felt the photograph on the brochure constituted false advertising, because it showed Danny with a tail. In addition to the winners named in the brochure, Danny had a colt, Northern Force, which won $20,000.

Although the stallion is still able to breed, he is no longer able to pump his tail or "flag" when he ejaculates to indicate that the mare has been bred.

Dr. Ralph Beadle, a professor of veterinary medicine, treats animals and also teaches. The history on "Moonlite Danny" was taken by student Bruce Baker. Baker was working under the supervision and direction of Dr. Beadle who admitted ultimate responsibility for the treatment. Bruce Baker also did the first physical examination of the horse. He was rotated and student Gayle Harris was then assigned to Danny.[6]

"Moonlite Danny" was admitted with diarrhea. A protective sleeve was placed on the tail either on Friday (the 17th) or Saturday (the 18th) by student Baker. The sleeve prevents soiling of the tail and protects people handling and examining the *386 animal. A small lesion later appeared on the ventral side of the tail. After the lesion was noticed, it was treated with an antibiotic cream, and another sleeve was placed on the tail; Dr. Beadle did not see the lesion when it was first noticed. When Dr. Beadle first observed the ulcer on September 22, it was approximately a centimeter in diameter. Dr. Beadle admitted that the lesion was two or three inches from the base of the tail in the approximate area where the tape was secured. The September 22 medical record notes an: "Ulcerated area on ventral side of tail." Although Dr. Beadle testified that the ulceration never covered the entire circumference of the tail and was worse on one side than the other, the horse's medical records note a severe laceration around the circumference of the tail on September 23. Dr. Beadle admitted that an ulceration around the circumference of the tail would indicate that the tape had been put on too tightly. Dr.

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Bluebook (online)
520 So. 2d 383, 71 A.L.R. 4th 799, 1988 La. LEXIS 635, 1988 WL 15698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-louisiana-state-university-la-1988.