|
A wrongful death lawsuit against the Haythorn Ranch Company was settled out of court just one day before a scheduled jury trial Aug. 18. The lawsuit was filed in Lincoln County District Court by the estate of 5-year-old Dakota F. McKillip in November of 2004. Dakota was killed after he fell underneath a horse being ridden by Harry Haythorn on Nov. 3, 2002. The lawsuit was a wrongful death suit that was filed against the ranch and Harry Haythorn. Attorneys representing the plaintiff and defendant declined to comment on the settlement but a source close to the case said the settlement amount was $50,000. The incident in question occurred in the morning of Nov. 3, 2002, according to the suit. Dakota was visiting his father, Franklin S. McKillip, who was a hand on the ranch and had a home there. The ranch hands were moving cattle from the pasture to feed bunks on a cold November morning. Dakota was riding a small quarter horse owned by the ranch named Freckles. Dakota got cold and wanted to return to his dad’s ranch house and warm up, according to the suit. Harry Haythorn, also on horseback, noticed that no one was tending to Dakota so he volunteered to assist the boy back to the house. Haythorn led Freckles, with Dakota riding him, to the front entrance of McKillip’s ranch house and positioned the horses to allow Dakota to dismount. The horses were steady, according to the lawsuit, and Dakota got off of Freckles. But as Dakota walked away, he stumbled and fell underneath the hindquarters of the horse Haythorn was riding. Dakota suffered massive injuries from the horse. He was taken to Great Plains Regional Medical Center by ambulance then taken to Denver Health Medical Center where he passed away four days later. Dakota’s estate and family sued the ranch claiming Harry Haythorn was negligent for failing to maintain control of the horse he was riding, failed to maintain Freckles while Dakota was riding him, failing to dismount from the horse he was riding and assist Dakota in dismounting from Freckles, failing to dismount and assist Dakota after falling from the horse he was riding and failing to provide suitable and appropriate equipment and exercising reasonable care for Dakota. Haythorn and the ranch denied they were negligent in any way that contributed to the accident that resulted in Dakota’s death. The defendants claimed that if anyone was negligent, it was Franklin McKillip for not properly caring for and supervising his son during his visitation at the ranch. The defendants also said that Dakota was not paying attention to where he was walking after dismounting Freckles and that’s what caused him to trip and stumble underneath the horse that Haythorn was riding. The defendants also questioned Dakota’s medical care and treatment in their defense.
| 
Quick Links
