Florida Verdicts

Plaintiff(s):

Therese Dargie (Female, 75 Years)

Plaintiff Attorney(s):

Alan M. Gross;
Alan M. Gross, P.A.;
St. Petersburg,
FL,
for
Therese Dargie

Defendant(s):

Mags Lombard-Bergvik

Defense Attorney(s):

None reported;

for
Mags Lombard-Bergvik

On Feb. 16, 2014, plaintiff Therese Dargie, 75, retired, was on a horse on property owned by Tiny Trots Equestrian Lessons in Pinellas County, participating in a therapeutic riding session when the horse reared up, throwing Dargie to the ground. Dargie claimed she injured her chest, lung, pelvis, and ribs. Dargie sued the owner of Tiny Trots Equestrian Lessons, Mags Lombard-Bergvik, for negligence. Dargie’s counsel claimed she was being treated for depression and anxiety and a mental healthcare professional recommended she engage in therapeutic equestrian riding. She placed an Internet ad seeking therapeutic equestrian riding sessions, and claimed Lombard-Bergvik responded to her Internet inquiry and agreed to accommodate her needs. Dargie claimed at the second session, Lombard-Bergvik placed her on a horse and then sat down to eat her lunch. Dargie claimed Lombard-Bergvik instructed her to turn the horse around. Dargie claimed when she attempted to do so, the horse reared up – throwing her off. Dargie claimed Lombard-Bergvik was negligent for failing to closely supervise her while she was riding the horse, and claimed Lombard-Bergvik was required to hold the reins of the horse the entire time she was riding on it to prevent accidents. In addition, Dargie also claimed Lombard-Bergvik did not do a proper assessment of her capabilities before allowing her to ride a horse. The plaintiff claimed she had never riden a horse by herself and never without someone either holding the reins or riding next to her. Dargie also claimed Lombard-Bergvik did not do a proper assessment of her capabilities before allowing her to ride a horse. Lombard-Bergvik failed to answer subsequent discovery requests and the court issued a default judgment for liability against her. The trial proceeded on the issue of causation of the plaintiff’s claimed injuries.

Dargie was taken by ambulance to Northside Hospital. She sustained bilateral fractures of the sacroiliac crest, causing internal bleeding from the pelvic artery. Dargie also sustained fractured ribs and a punctured lung. Due to heavy internal bleeding, Dargie’s blood pressure dropped chronically low and she had to be rushed by ambulance to Bayfront Hospital for specialized care. At Bayfront, Dargie was placed in an induced coma and had a tracheotomy to assist with breathing. She underwent six months of physical therapy via twice-weekly sessions. Dargie claimed permanent injuries and limitations performing activities of daily living. Dargie claimed permanent respiratory distress. She requires oxygen 24 hours per day, 7 days a week, and also claimed she has to carry a portable oxygen tank with her if she leaves her home. Dargie claimed she is always tired and no longer goes out to eat with friends. The plaintiff also claimed she has to pay a driver to take her on an errand or to do errands for her. Dargie also claimed she requires an emergency generator in case the electricity goes out for long periods in the winter at her current home in New Hampshire. No life care or medical experts testified during the damages trial. Dargie’s medical records were admitted into evidence. Dargie sought to recover damages for past and future medicals; and past and future pain and suffering.

The jury found that Therese Dargie’s damages totaled $4,130,000.

Therese Dargie: $645,000 Personal Injury: Past Medical Cost; $1,485,000 Personal Injury: Future Medical Cost; $1,000,000 Personal Injury: Past Pain And Suffering; $1,000,000 Personal Injury: Future Pain And Suffering

Judge:

Kathryn Hessinger

Trial Length:

1
 days

Trial Deliberations:

2
 hours

This report is based on information that was provided by plaintiff’s counsel.