Briscoe v. Graybeal

FISCHER, Judge. In this case, we are asked to decide whether the owner of a thoroughbred horse is strictly liable for injuries that resulted after the horse fled its pasture. John Briscoe, appellant, filed suit in the Circuit Court for Calvert County for injuries he sustained when his vehicle struck a horse that had apparently escaped from its pasture during an electrical storm. Briscoe sought damages from Annita Graybeal, owner of the mare named Copernicus, and from Denzil Pritchard, owner of the farm where Copernicus was temporarily boarded.

Briscoe originally alleged negligence and strict liability, but he subsequently elected to proceed only on the strict liability count. Following the entry of summary judgment in favor of Graybeal and Pritchard, Briscoe appealed and asks us to decide “[wjhether physical injury which results to an innocent plaintiff from the inherent nature of a thoroughbred horse makes the owner of the animal strictly liable.” The facts giving rise to this issue transpired on July 15, 1990 when Graybeal took Copernicus to Pritchard’s farm in Calvert County. Graybeal had agreed to allow Pritchard, the former owner of Copernicus, to pasture-breed the mare with Pritchard’s stallion, Great Classic. (Pasture-breeding occurs when two horses are isolated in a field for purposes of breeding.) As a result, the two horses were placed in a fence-enclosed portion of the Pritchard farm.

On the evening of July 15, a severe electrical storm occurred. At approximately 11:00 p.m., thunder and lightning apparently “spooked” Copernicus, who charged through the fence. The horse ran into the northbound lanes of Route 4 near the intersection of Brickhouse Road and was struck by a car. Shortly thereafter, Briscoe approached the scene.

He observed a disabled car partially in the right lane, so he moved into the left lane. Briscoe was, however, unable to see the horse lying in the road until it was too late to avoid a collision. Briscoe’s vehicle struck ⁶⁷² Copernicus, became airborne, crossed the grass median, and came to rest in the southbound lanes of Route 4. Briscoe was transported to Calvert County Hospital and was subsequently transferred to the Shock Trauma Unit at Washington Hospital Center.

He filed this suit to recover for his injuries. Briscoe argues that the application of strict liability in this case is rooted in the common law. In support of his position, Briscoe directs our attention to the following passage from Prosser, The Law of Torts, at 496 (4th ed. 1971), “[I]t remains the common law in most jurisdictions that the keeper of animals of a kind likely to roam and do damage is strictly liable for their trespasses.” Briscoe contends that the appellate courts in Maryland have not decided this issue, and he urges us to adopt “the Common Law Rule with regard to strict liability for the damages caused by horses....” Despite Briscoe’s assertion to the contrary, the issue of strict liability with respect to horses has been considered by this Court. Pahanish v. Western Trails Inc., 69 Md.App. 342 , 517 A.2d 1122 (1986), involved injuries sustained when the patron of a riding stable was thrown from a horse that he had rented.

With regard to liability, we stated: Under Maryland law, the owner of a domestic animal may be liable under two separate theories of liability for injuries caused by his animal — strict liability or negligence. Slack v. Villari, 59 Md.App.