Farmer sues over cow trauma, case backfires

FREEPORT, Mich. (WOOD) — A Freeport farmer sought more than $60,000  in damages after she says fireworks set off nearby traumatized her cows  and all but destroyed her farm operation — bug now she’s the one on the  hook for her opponents’ costs.

Judy Smith has owned Pinecrest Farms on County Line Road in the  village of Freeport for about 30 years. She successfully raised cows for  dairy and beef as part of her business, she said.

Smith said everything changed in September 2010 when the village  allowed a special fireworks show near her property. She said the  explosions caused her cows to stampede.

“Total chaos,” she told 24 Hour News 8, describing the night of the fireworks. “Total chaos.”

Smith claimed the damage to her cows was permanent. She said some  were injured in the stampede and others’ milk production decreased.

“It destroyed the cows and that’s my sole income — their mental  state, you know,” Smith explained. “I’ve worked for 30 years trying to  build something and it was destroyed in one night.”

The ordeal prompted Smith to hire an attorney and file a lawsuit  against Freeport and the company that set off the fireworks, among other  entities. She said the fireworks invaded her property when they were  set off in a way that put them over her cattle.

The case dragged on for years. A Barry County judge dismissed it  after delays on the part of Smith and her attorney and problems in how  the case was filed. Attorneys for Smith took the case to the Michigan  Court of Appeals, where judges upheld the Barry County judge’s ruling.

And the appeals judges made things worse for Smith. They ruled she  should pay money to the parties she sued to cover their legal expenses.  That amount totaled more than $30,000.

Full Story on WOODTV8


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