Open range case:
Shivelys vs. Dye Creek Creek Cattle Company Court of Appeal. Third District 35Cal.Rptr.2d 238 (Cal.App.3.Dist.) In this case, Mr. and Mrs. Shively were on a trip between Old Station and Susanville when they ran into a black angus bull which was in the middle of the highway. Mr. Shively suffered quadriplegia and Mrs. Shively was seriously injured. The bull belonged to Dye Creek Cattle Company which had had for many years forest service grazing leases. The area was unfenced. The cattle company argued that they were protected by the Open Range laws. The Appellate Court agreed with me to the effect that the Open Range laws were never intended to immunize cattle owners’ liability for failing to reasonably control their cattle. This case settled in favor of the Plaintiffs for the sum of $1.2 million dollars.