This problem is designed to help students appreciate the role of juries in trials, as well as the primary role of appellate courts, by distinguishing between a question of fact v. a question of law

Answer 1

On October 6, 2013 an ostrich, Gracie, was found dead by her owner Mr. John Lag, and Mr. Lag's ranch hand, Bobbie Bridle. She had caught her head between the gate and the fence post of her enclosure, and had slid her neck down the narrow gate and the post with the neck stopping at the latch. She was apparently unable to remove her head and died as a result of strangulation or choking. Her carcass was completely intact, and there was no blood on her body. She seemed to have had gotten her head sideways and down into the gap and didn't know how to extricate herself. Gracie was 2 years old, 8.5 feet tall and weighed 400 pounds. John & Bobby found her fairly soon after she died because her body was still warm. When they released the gate there was a gasp like air had been shut off, but the neck did not appear broken. Mr. Lag did not call a vet because he didn't think it "was necessary to $100 for a guy to come out to the ranch and tell me she's dead."
The owner postulated that Gracie may have gotten herself into this unfortunate situation while trying to escape the affectionate advances of her mate, George. Ostriches mate for life, and the first couple of seasons may be a bit cantankerous and unpredictable, as the birds may not get along. An expert stated that there had been several cases of female ostriches dying because of trauma when the females had been in the same pen as their mate, and the male had become aggressive when trying to breed, and the female, in her effort to escape, had sustained injuries and died. Bobby stated that George previously had exhibited aggressive behavior, and since Gracie was only in her second season, and that the couple had not yet reached a stage of social compatibility.
Pictures taken after her death showed a bowl of food on the outside of the pen around the gate area. However, there was also food in the pen she shared with George, as Mr. Lag used the free choice feeding method, in which the birds place themselves, and feed is always available. He did not use the timed feeding method in which the birds are only fed twice a day.
Gracie had laid nine eggs the year preceding her death, so she was a very young, valuable bird. She was insured, and the policy provided a $10,000 limit on any one ostrich as long as the loss was covered by the named perils in the policy. Therefore, not all losses were covered by the insurance contract, only those specifically named in the policy. (The premiums on a general risk policy would be higher). Below is a copy of the insurance contract: