A horse is suing his former Washington County owner for $100,000 in damages in a rare case in which an animal is listed as a plaintiff in legal action against its guardian.
The Animal Legal Defense Fund in Portland has filed suit against former owner Gwendolyn Vercher, 51, of Cornelius on behalf of the horse.
Justice, an 8-year-old American Quarter Horse, is seeking damages for negligence that left him 300 pounds underweight and afflicted with lice, a skin infection and damaged genitals from severe frostbite, according to the lawsuit filed Tuesday in Washington County Circuit Court. He will require special medical care for the rest of his life, the suit said.
Justice, formerly known as Shadow when he lived with Vercher, was removed from the Cornelius property in March 2017 and now lives at a horse rescue in Troutdale.
Sarah Hanneken, one of the attorneys representing the horse in the case, said state case law has shown animals have legally protected rights. She said Justice should be allowed to recover the costs of damages for pain and suffering, just as a human victim would.
"The Oregon legislature clearly established an anti-cruelty statute for the safety and protection of animals," she said. "Victims of crimes can sue their abusers and animals are sentient beings that are recognized as victims under Oregon law. So with that premise, we've come to the conclusion that animals can sue their abusers and we're confident of our stance in this case."
Any money received from the lawsuit would go into a trust maintained by the horse's guardian to pay for medical costs, Hanneken said. Justice's medical needs have dampened his prospects of being adopted.
Vercher was sentenced July 2017 in Washington County Circuit Court to three years of probation for first-degree animal neglect, Oregon court records show. The terms of her probation included not possessing any pets or livestock for five years and completing 96 hours of community service within 12 months.
Vercher paid a little more than $3,700 in restitution.
Vercher and Kim Mosiman, listed in the lawsuit as Justice's current guardian, didn't immediately respond to requests for comment Wednesday. Mosiman is the co-founder of Sound Equine Options, the Troutdale-based horse rescue where Justice now lives.
Other cases around the country of animals suing humans haven't ended in the animals' favor.
In 2013, Florida-based Nonhuman Rights Project filed lawsuits against separate owners of two chimpanzees so the chimps could be freed from cages in New York and moved to an outdoor sanctuary in Florida. Courts ruled the primates didn't have the legal rights of people.
In 2011, a crested macaque used an unattended camera at a reserve in Indonesia to take pictures of himself. A lawsuit was filed on behalf of the monkey by PETA four years later to recoup proceeds gained from the published selfies. The suit was settled in 2017, but judges have determined that U.S. copyright law doesn't extend to animals.
-- Everton Bailey Jr.
ebailey@oregonian.com
503-221-8343; @EvertonBailey