Legal Question in Civil Litigation in Idaho

Horse Inured by Transportation Company

I made an internet contract to transport my horse from Virginia to California with a company in Idaho. Enroute, they let my horse escape and she was severly injured. They claim there was no negligence, but the driver admitted she was unloaded in an unsafe area. They will give me no information on their insurance carrier so I can file a claim. The cost to save the horse is over $8,000 and she will never jump again - she was a field hunter. I understand I have a year to file a claim - do I need a contract attorney or a tort attorney? Can I file suit in California? We saved her life now we need to save ours.


Asked on 4/13/02, 11:01 pm

3 Answers from Attorneys
Gass Timothy Gass Law Office

Re: Horse Inured by Transportation Company

You need to hire an attorney as soon as possible. Negligance cases must be filed within 2 years, not 3. Oral contracts have a 4 year statute of limitations and written contracts have a 5 year time period required for filing. You may have to file the case in federal court alleging diversity of citenship to get jurisdiction

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Answered on 4/15/02, 4:29 pm
D. Alexander Floum, Esq.

Re: Horse Inured by Transportation Company

I'm sorry about your horse.

You need an attorney who does both tort and contract law, since you will make both claims.

I need more facts before I can advise you as to whether the suit may be filed in California. Does the contract itself contain a provision regarding venue? If you would like to fax me the contract at 415-369-9053, I will let you know.

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Answered on 4/15/02, 5:35 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Horse Inured by Transportation Company

First, it is not very clear as to where this case will be properly venued. We will need more information on that, such as the contract.

Second, the action is for negligence but can also involve contract issues. Thus, any attorney who litigates civil cases will do just fine.

Third, it doesn't look like a case to be taken on contingency and you may need to pay your lawyer hourly. Good luck.

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Answered on 4/13/02, 11:21 pm


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