Topic: Review
Jury Clears Cow in Car Accident
Mon Jan 26, 8:17 PM ET Associated Press
CEDAR RAPIDS, Iowa - A Linn County jury has cleared a cow and the cow's owner in a car wreck, saying it was a case of mistaken identity.
Ann Sauer of Anamosa hit a cow on Oct. 7, 2000. The animal caved in the windshield and roof of her car.
The cow fled the scene, but Sauer said she knew which one did the damage.
"We briefly looked at each other before she went off in the darkness," Sauer said.
Sauer filed a negligence lawsuit against Justin Kaczinski, the alleged owner of the cow. Her lawsuit also named Alvin Benesh, who allowed Kaczinski to keep four cows and a bull in one of his pastures.
During the trial, which lasted six days, Kaczinski acknowledged that his cows had broken out of a pasture on the night of the accident.
The jury forewoman, Sheila Schmidt, said when Kaczinski's cow was found, its injuries did not match the injuries a cow would have suffered if it were hit in the way Sauer described.
"It's possible it could have been Kaczinski's cow, but it just wasn't proved," Schmidt said.
The jury deliberated for about three hours before returning a verdict last Wednesday in favor of Kaczinski and Benesh.
Posted by conniechai
at 4:01 PM PST
