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An out-of court settlement was recently reached in the case of an Athens couple whose cow allegedly attacked and badly injured an elderly Jackson County woman.
The settlement was noted in a notice of dismissal filed last week in Clarke County Superior Court by the attorney representing Bettie and Elmer Saye.
The civil action sought an unspecified amount of money in compensation for injuries Bettie Saye suffered in the alleged attack three years ago.
It also sought compensation for Elmer Saye, for the “loss of consortium” he experienced as a result of his wife’s injuries.
According to the complaint filed last year, Bettie Saye was walking in her sister’s yard on Mary Collier Road in Jackson County in April 2012 when a cow owned by Athens residents Curtis and Louise Collier
got out of a neighboring pasture and “attacked” her.
“When (Saye) tried to get up, the cow knocked her to the ground a second time,” according to the complaint.
Saye suffered injuries and permanent impairment “from the violent and forceful impact of the livestock and from her subsequent impact with the ground ...,” according to the complaint.
The alleged attack occurred because of the negligence of Curtis Collier, who was “unable to maintain control over his animal” as he attempted to load the cow, according to the complaint. The document does not indicate what the cow was being loaded on to or into when the incident occurred.
Curtis and Louise Collier are both liable “by allowing their animal to be uncontained and run free on the public and private property surrounding” the property where Saye’s sister lived.
Among other things, according to the complaint, Saye suffered a pelvic fracture, an ankle injury, multiple contusions, gastrointestinal disturbances and permanent impairment to her gait.
“Since the time of the attack, (Saye) has experienced great physical pain and suffering and disfigurement from the injuries she sustained,” the complaint notes. “She continues to have pain daily, and she will have pain and impaired mobility for the remainder of her life due to the permanent damage to her gait.”
The woman’s husband, Elmer Saye, is named as a plaintiff in the lawsuit because he suffered loss of consortium from his wife’s inability to perform necessary household duties, “including but not limited to” doing laundry, cleaning and preparing meals.
The lawsuit sought a “sum of money necessary to compensate” Bettie and Elmer Saye for past and future medical expenses, pain and suffering, the loss of consortium and enjoyment of life, among other reasons.
A Superior Court ordered all parties into mediation, but plaintiff’s attorney Rachel reported back on May 21 that “we are unable to resolve the dispute that exists between us through mediation.”
Grimes last Wednesday filed the notice of dismissal in which it was stated “all issues which could have been raised ... have been fully and finally settled by and between the parties...”
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