Quigley

Defendants and appellants Paul McClellan and San Dieguito Equine Group (together Dr. McClellan) are doctors of veterinary medicine. Dr. McClellan was retained by plaintiff and respondent Karen Quigley to perform prepurchase examinations on two performance horses named Syrus and Poncho. Dr. McClellan performed the prepurchase examinations and concluded that both horses were suitable for their intended uses as competition hunter jumper horses. Based on this information, Quigley purchased Syrus and Poncho. Sometime after the purchase, the horses began to manifest physical problems that interfered with their ability to compete. Quigley then brought this lawsuit for veterinarian malpractice against Dr. McClellan, arguing that he negligently performed the prepurchase examinations of both horses.

Dr. McClellan’s motion for nonsuit was denied, as were his postjudgment motions for judgment notwithstanding the verdict and new trial. A jury returned a special verdict finding that Dr. McClellan was negligent in performing the prepurchase examination of Poncho, but not negligent in his examination of Syrus. The trial court entered judgment on the verdict awarding Quigley $46,000 in…