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NEWS & VIEWS Teen Horse Farm Worker Gets $274K Verdict


T is article, written by Daily Record Legal Af- fairs writer Ben Book, fi rst appeared in the Daily Record on July 8, 2012 and is reprinted here with permission. A Washington County jury has backed a teenage horse farm worker’s argument that when she was injured on the job, she was an employee and not a contract worker. T e jury delivered a $274,010 verdict in favor of Melanie McCartney of Hancock. McCart- ney suff ered serious injuries to her hand after being kicked by a horse while working at Hoff - man Family Farms in Clear Spring. According to McCartney’s complaint, the


Hoff mans committed “workplace fraud” by classifying her as an independent contractor. Her lawsuit sought $1.7 million on claims that included failing to secure workers’ compensa- tion and failing to provide a safe workplace. McCartney, who was 17 when she started


working at Hoff man Family Farms in 2010, earned $8 an hour for cleaning the stalls, train- ing and feeding horses and other responsibili- ties. Hoff man Farms had about 60 horses on site at the time of the accident. Kimberly J. Jandrain, with Coburn & Green- baum PLLC in Washington, who represented McCartney, declined to comment. Calls to the owners of Hoff man Family


Farms and their attorney, Scott Schubel, were not returned. McCartney had fi led an IRS form W-9, the form given to independent contractors. She established that she was in fact an em-


ployee by showing, among other things, that she used the farm’s tools and equipment and the farm sent her for training seminars in the “Clinton Anderson” method of horse training techniques. She reportedly worked fi ve to seven days a week. McCartney alleged that on the day of the


accident, she had to fi ll feeders in a fi eld with approximately 30 horses in the vicinity. She was alone at the time of the accident, which hap- pened around 8 a.m. on April 12, 2011. “While fi lling the feeders, [McCartney] was unable to monitor the activity around her and could not, for example, see the horses behind her,” the complaint reads. “T is manner of feeding the horses presented a grave danger.” McCartney said she had been kicked before while feeding the horses and had complained about the conditions. According to the lawsuit, other employees had said “it was just a matter of time,” before someone was seriously injured. While escorting one of the horses to a feeder, she was kicked in the hand by one of the other horses. McCartney said she fell to the ground in pain and eventually had to be taken to the


emergency room. According to evidence at the trial, the injury


will require a future rebreaking of the hand and the insertion of metal screws. McCartney claimed after the injury that she was told that she was not eligible for workers’ compensation because she was an independent contractor. She also claimed the farm denied her compensation for missed time after the injury. She fi led suit on June 8, 2011, in Washington County Circuit Court. T e case went to trial on June 25 and was sent to the jury on June 27. After a little less than 2 1/2 hours of deliberation, the jury found for McCartney that she was an employee, not a con- tractor, and that Hoff man Farms was negligent. McCartney was awarded: $14,390 for past


medical expenses; $9,620 in lost wages and $250,000 in noneconomic losses. T e noneco- nomic losses award is not impacted by the state cap on noneconomic damages in non-medical malpractice lawsuits.


Five Maryland Dressage Riders & Horses With That “Touch of Class”


T e Maryland Horse Industry Board (MHIB)


presented its June Touch of Class Award to one horse, a national coach and three U.S. Dressage


continued...


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AUGUST 2012 | THE EQUIERY | 9 Farmers Cooperative eed


Mike McNally


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