Attorneys for a Portland-area horse who sued a former owner are appealing to a higher court after a Washington County judge dismissed the case last month.
The Animal Legal Defense Fund is pressing ahead with a 2018 lawsuit on behalf of the horse, now named Justice, against the horse’s former owner, Gwendolyn Vercher of Cornelius, alleging months of neglect had left the horse with a lifetime of medical bills. If successful, the lawsuit would mark the first time courts have found that animals have similar legal rights to humans.
Vercher was convicted of first-degree animal neglect in 2017, months after the horse, then called Shadow, was found covered in lice, 300 pounds underweight and with frostbitten genitals. Vercher paid $3,700 in restitution, but the lawsuit sought $100,000 in damages to cover future treatment.
Washington County Pro Tem Judge John Knowles tossed out the lawsuit in September, finding that animals don’t have the right to sue on their own behalf. He said granting animals legal standing could result in “a flood of lawsuits” and noted that “non-human animals are incapable of accepting legal responsibilities.”
But the judge suggested an appellate court — or the state Legislature — might be more willing to wade into the evolving debate over animal rights.
The Animal Legal Defense Fund argues the Oregon Supreme Court has already recognized that animals can be considered victims under Oregon’s animal cruelty statute, and victims have the right to sue their abuser in civil court.
“Justice is an intelligent, emotionally complex animal who suffers grievously because of the actions of the person who was supposed to protect him," Stephen Wells, the executive director of the animal rights group, said in a statement. "Now, the Animal Legal Defense Fund seeks to establish that under Oregon law, Justice has legal recourse for that abuse. We are hopeful that the appeals court will agree.”
Justice now lives at a Troutdale horse rescue, but the costs of the horse’s medical care have proven a barrier to finding a permanent home, the Animal Legal Defense Fund said. Any award from the lawsuit would be placed in a legal trust to provide for the horse’s well-being.
-- Elliot Njus
enjus@oregonian.com; 503-294-5034; @enjus
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