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Summary CaseBrief8.docx GOVT 280-001 Bard v. Jahnke, 6 N.Y.3d 592 Parties: Larry Bard, et al., Appellants, v. Reinhardt Jahnke, Individually and Doing Business as Hemlock Valley Farms, Respondent, et al., Defendant. Counsel: John Scarzafava, for appellants

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CaseB GOVT 280-001 Bard v. Jahnke, 6 N.Y.3d 592 Parties: Larry Bard, et al., Appellants, v. Reinhardt Jahnke, Individually and Doing Business as Hemlock Valley Farms, Respondent, et al., Defendant. Counsel: John Scarzafava, for appellants. Thomas J. Hickey, for respondent. Judges: Judge Rea...

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appellants
respondent
casebrief8docx govt 280 001 bard v jahnke
6 ny3d 592 parties larry bard
et al
v reinhardt jahnke
individually and doing business as hemlock valley farms
et al defen

Institution
University Of Maryland - University College
Module
UMGC

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GOVT 280-001

Bard v. Jahnke, 6 N.Y.3d 592

Parties: Larry Bard, et al., Appellants, v. Reinhardt Jahnke, Individually and Doing Business as

Hemlock Valley Farms, Respondent, et al., Defendant.

Counsel: John Scarzafava, for appellants. Thomas J. Hickey, for respondent.

Judges: Judge Read, Chief Judge Kaye, Judge Ciparick, and Judge Graffeo concur; Judge R.S.

Smith dissents, and Judge G.B. Smith and Rosenblatt concur in a separate opinion.

Procedural History: A plaintiff filed an action against the defendants to recover in negligence

and strict liability for injuries. The plaintiff was injured when he was attacked by the

defendant’s bull. He challenged an order of the Appellate Division (New York) which affirmed

a trial court order and granted the defendants’ cross-motions for summary judgement dismissing

the plaintiff’s complaint order under N.Y. Agric. & Mkts. Law § 108(7).

Summary of Facts: The plaintiff was brought on to work on the defendant’s barn. The

defendant’s bull, which was used for breeding purposes, was unrestrained in the barn. It never

hurt anyone or showed signs of hostility towards anyone before it attacked the plaintiff. The

plaintiff’s injuries that were sustained, according to an animal science expert, were from a very

vicious and dangerous animal. The trial court stated that the defendants were not liable because

the defendant did not know that the plaintiff and the other defendant were in the barn, while the

other defendant did not know the bull was in the barn.

Issues: Whether or not the order would be affirmed for a cross-motion summary due to

the defendant being liable for the plaintiff’s injuries.

Holding: The court held that the order of the intermediate appellate court would affirm the

trial court’s order that grants the defendants’ cross-motion for summary judgement to dismiss

the injured party’s complaint.

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Summary

Summary CaseBrief8.docx GOVT 280-001 Bard v. Jahnke, 6 N.Y.3d 592 Parties: Larry Bard, et al., Appellants, v. Reinhardt Jahnke, Individually and Doing Business as Hemlock Valley Farms, Respondent, et al., Defendant. Counsel: John Scarzafava, for appellants

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