Davert

On April 6, 1982, plaintiffs sued defendant Thomas Larson (hereinafter defendant) and others, for damages for negligence after plaintiffs’ automobile collided with a horse. On October 21, 1983, the trial court granted defendant’s motion for summary judgment finding he owed no duty of care to plaintiffs. We reverse.

Factual and Procedural Background

On August 15, 1981, plaintiffs were traveling in an automobile driven by plaintiff Edward Davert. The automobile collided with a horse alleged to have escaped from property owned by defendant and others adjacent to the road.

Plaintiffs alleged liability on the part of defendant on two theories: (1) defendant, in his capacity as deputy sheriff of the County of Siskiyou, observed the gap or hole in the fence adjacent to the road through which the horse was alleged to have escaped and failed to take precautionary measures and (2) defendant owned a 1/2500th undivided interest in the property from which the horse escaped.

On October 7, 1983, defendant moved for summary judgment arguing that, in his capacity as deputy sheriff, he owed no duty of care towards plaintiffs absent a special relationship (see Davidson v. City of…