Domenghini v. Evans

Opinion

YEGAN, J.

— Dale Domenghini appeals from the judgment entered after the trial court granted respondents Gary Evans’s and Jane Evans’s (the Evanses) motion for summary judgment. Domenghini was injured during a cattle roundup, when a large calf that he and two other men were wrestling to the ground hit its head against Domenghini’s leg. The calf is owned by the

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Evanses. The trial court granted the Evanses’ motion for summary judgment after concluding that Domenghini’s action was barred by the doctrine of primary assumption of risk. We affirm.

Domenghini was injured in 1995 during a cattle roundup held on a ranch that is owned by his grandmother and mother. Domenghini helps to maintain the ranch and, since 1973, has run some cattle on it. The Evanses lease the right to run cattle on the ranch. Roundups are conducted annually, to brand, castrate, dehorn and vaccinate calves. Domenghini participated in the 1995 roundup because it involved his own cattle, as well as cattle belonging to the Evanses. He was not an employee of the Evanses, testifying instead that it “would be fair[]” to characterize the roundup as “a team effort[.]” Domenghini testified that he was at the roundup because he “had some cattle to work and we’ve always in the past worked together.”

During a roundup, adult cattle and calves are herded into separate corrals and the calves are individually restrained so they can be branded, castrated, vaccinated and dehorned. Calves may be restrained using a mechanical chute, or by horsemen who rope the calf, so that other workers, called “muggers,” can throw it to the ground. According to Domenghini, it is common to “get hit and kicked and shoved aroundf,]” while trying to restrain a calf with horsemen and ropes. He testified: “You try not to get hit, but it’s very common that they throw their heads around.”

At the 1995 roundup, as in previous years, the calves were restrained by horsemen, “muggers” and ropes. Domenghini believed this method was used because it made the roundup “more of a fun event . . . ,” like a rodeo. Domenghini was not riding or “mugging” that day. Instead, he was involved in branding and castrating.