Country-Fried BULL
Bucking Horse Trial

Wyoming Supreme Court Upholds Bucking Horse Trial Outcome

CHEYENNE, WYOMING - The buck stopped in Wyoming Supreme Court for a man whose horse was spunkier than advertised.

The high court on Thursday affirmed a Crook County jury's decision that Steve Tribe received no buck-free guarantee when he bought the horse from Ross Peterson.

"It appears a 'no buck' warantee is a hard sell to a Wyoming jury," stated the opinion by Justice William A. Taylor.

Peterson told an intermediary for Tribe that the horse, named Moccasin Badger, had never bucked for him or any of its previous owners. An auction brochure described the five-year-old gelding as "overly kind" and a "definite kids prospect," according to Taylor's opinion.

Tribe wanted a horse gentle enough for very inexperienced riders. So he bought Badger and took it back to his 12,000-acre ranch outside Colony.

Tribe's wife rode Badger twice without incident. The third time she was thrown.

Mrs. Tribe rode the horse again 10 days later, then asked her husband if he wanted to try. Tribe got on Badger and almost immediately was thrown to the ground, shattering his left wrist.

Tribe sued, alleging the Petersons "breached an express warranty that the horse would never buck" and "negligently and fraudulently misrepresented Badger's nature," Taylor stated.

The Sixth District Court denied Tribe's motion for a court ruling on express warranty, and a three-day jury trial ensued. When Tribe lost, he made a motion for a new trial or a ruling, both of which were denied.

"The jury was presented with evidence supporting the conclusion that no express warranty was made that Badger would not buck under any circumstances," Taylor concluded.

"Evidence also was presented which supports the jury's determination that the Petersons did not misrepresent the disposition of the animal at the time it was sold."

Submitted by Paul Harwitz - isis@isis-intl.com - http://www.isis-intl.com/