84
C
ASE: 11
You Be the Judge!
You Be the Judge!
Sources
The case brie ng above contains excerpts and direct extractions from the sources noted
below that have been combined with the author's own expert legal input. The case has
been condensed and formatted from its original content for purposes of this workbook.
Johnston v. Poulin, 844 A.2d 707 (R.I. 2004).
Rhode Island Supreme Court
March 29, 2004. Opinion written by the Honorable Justice Paul A. Suttell.
By 1900, North America
had an estimated two million
free-roaming horses. Most
of the horses were mustangs
which began to decrease in
number due to human abuse.
U.S. Congress passed the Wild
Free-Roaming Horse and Burro
Act of 1971 which provided
for protection of mustangs
and other animals.
eld behind the barn.
Although Mr. Johnston indicated to the police that he was okay,
the next day he woke up in pain and went to the hospital. Subsequent
medical reports showed that Mr. Johnston su ered a concussion and
injured his neck, jaw, and head. Mr. Johnston received stitches to his
head.
ere was evidence presented at trial that Twig was in a state of
excitability when she entered the barn and was never fully brought
under control. ere was also contradicting evidence that Twig had
been restrained and was indeed brought under control.
Jon Poulin testi ed that Mr. Johnston antagonized the horse by
slapping her on the rear when she stood up abruptly as he slid past her
le side.
For Evaluation Purposes Only