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LaPlace v. Briere

404 N.J. Super. 585, 962 A.2d 1139 (2009)

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LaPlace v. Briere

New Jersey Superior Court, Appellate Division

404 N.J. Super. 585, 962 A.2d 1139 (2009)

Facts

Michael LaPlace (plaintiff) and Charlene Bridgwood (codefendant) boarded their horses at Pierre Briere’s (codefendant’s) stable. Bridgwood went to the stable to help while Briere was out of town. She exercised her horse for 15 minutes. Next she began exercising LaPlace’s horse, but after five minutes, the horse died suddenly. Bridgwood and Briere requested a necropsy to determine the cause, but LaPlace refused to consent until two days later, when the remains had been removed. LaPlace sued Briere and Bridgwood and moved for summary judgment on conversion. LaPlace claimed that as bailee, Briere’s stable had to prove the horse did not die because of its negligence. The trial court granted summary judgment against LaPlace, and he appealed.

Rule of Law

Issue

Holding and Reasoning (Chambers, J.)

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