What happens when a cow crosses a road? Although that might sound like the start of a joke, that is the situation Zaine Kasem found herself in after being run over by a cow that escaped from a herd owned by Joyce B. Williams and H.R. Williams Cattle Company (“HRW”).
There had been a heavy rainstorm. One of HRW’s employees inspected the pasture and fence, but he did not see any damage caused by the storm. Nonetheless, a cow escaped from the herd through a damaged fence and entered Kasem’s front yard in St. Gabriel, Louisiana. Kasem described the scene as a “circus” with many people running around trying to capture the cow. Finally, she went outside to see what was happening, and the cow ran into her, knocked her into the bed of a truck, and caused her to suffer injuries to her eye, nose, back, and neck, requiring medical treatment and pain and suffering.
Kasem sued Williams and HRW, claiming they breached the duty under La. C.C. art. 2321 to restrain their cattle and prevent them from entering other properties, injuring others, or otherwise causing damage. Williams and HRW filed a motion for summary judgment in response to the lawsuit.