April Schmuker is doing business as Spring Branch Bore Goat Ranch.
On Sept. 19, Elmer L. Marcum Jr., upon request of the defendant, was lawfully present at the ranch to feed the defendant’s 11 horses, according to a complaint filed May 17 in Wayne Circuit Court.
Marcum claims when he was feeding the horses, he was kicked in the head by a horse.
The defendant had actual and constructive knowledge of the horse’s dangerous and vicious propensities and failed to warn or otherwise put Marcum on notice of the horse’s dangerous and vicious propensities, according to the suit.
Marcum claims the defendant’s failure to warn caused him to suffer pain of body and mind; hospital and medical expenses; permanent disability and injuries; lost wages; future capacity to earn an income.
The defendant failed to exercise the ordinary care that was required to prevent Marcum’s injuries, according to the suit.
Marcum is seeking compensatory damages with pre-judgment interest. He is being represented by Bert Ketchum and Clayton J. Maddox of Greene, Ketchum, Farrell, Bailey & Tweel.
The case is assigned to Circuit Judge Darrell Pratt.
Wayne Circuit Court case number: 16-C-064