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Birth:          27 Nov 1959 Mattoon, Ill.
Death:          24 Jul 1983 Mansfield, DeSota Parish, La.
Cause of Death: killed when horse hit truck

Notes
!PUBL
obit of Denzil Bolton
Gray Cordova tree on ancestry
Dotson v Matthews, 480 So2d 860 (La Ct App 1985)
https://www.courtlistener.com/opinion/1646489/dotson-v-matthews/
Dotson v. Matthews, 480 So. 2d 860 (La. Ct. App. 1985) 
Louisiana Court of Appeal
Filed:  December 4th, 1985  
Precedential Status:  Precedential  
Citations:  480 So. 2d 860  
Docket Number:  17359-CA  
Judges:  Marvin, Jasper E. Jones, and Fred W. Jones  
Nature of suit:  Unknown  
480 So.2d 860 (1985)

Perry Steven DOTSON, Individually and on Behalf of the Minors, Elizabeth Marie 
Dotson and Christine Lenee Dotson, Plaintiff-Appellant,
 v.
 Frank W. MATTHEWS, Individually and d/b/a M & M Cattle Company; M & M Cattle 
Company, Inc.; Royal Insurance Company; Donnie Richard Savell; and Charlene 
Rigdon, Defendants-Appellees.

No. 17359-CA.
Court of Appeal of Louisiana, Second Circuit.
December 4, 1985.
Writ Denied January 31, 1986.
*862• Gordon, Bailey & Associates by Jack M. Bailey, Jr., Shreveport, for Perry Steven 
Dotson on behalf of minors.

Jack & Hudsmith by Wellborn Jack, Jr., Shreveport, for Perry Steven Dotson, 
individually.

Thibaut, Thibaut, Garrett & Bacot by John S. Thibaut, Jr. and Charest D. Thibaut, III, 
Baton Rouge, for Frank W. Matthews, individually, M & M Cattle Co. Inc. and Royal 
Ins. Co.

Before MARVIN, JASPER E. JONES, and FRED W. JONES, JJ.

MARVIN, Judge.

The husband and minor children of the victim, who, while a guest passenger in her 
husband's truck, was fatally injured in a collision with a horse, appeal a judgment, 
after jury verdict, rejecting their demands for damages against the owner of the horse. 
The horse "spooked" while being ridden near the paved roadway and bolted from a 
shallow ditch across the shoulder and onto the roadway into the path of the truck. 
The victim's husband who was driving the truck is found not negligent in any respect.

The critical issue is whether the assumed negligence of the horse rider, who we find 
was riding with the permission of the owner, absolves the owner of his legally 
presumed fault that arises from his ownership of the horse under CC Art. 2321. This 
issue is primarily legal. We find, as well, that the jury was clearly wrong in denying 
*863• plaintiffs recovery against the horse owner and we reverse and render judgment 
for plaintiffs. Holland v. Buckley, 305 So.2d 113 (La.1974); Rozell v. Louisiana Animal 
Breeders Co-Op, 434 So.2d 404 (La.1983); Richoux v. Hebert, 449 So.2d 491 (La. 
App.3d Cir.1983), writ denied.

FACTS

The accident occurred shortly after dark on Sunday, July 24, 1983, in a rural area on 
Hwy. 509 about 18 miles north of Mansfield. The highway is a two-lane blacktopped 
road running northerly and southerly. The pavement is approximately 22 feet wide. The 
paved portion of the highway is flanked on each side by a wide grassy shoulder and a 
shallow ditch or swale at and near the accident scene.

The horse, Duke, was being ridden by Charlene Rigdon in a northerly direction in the 
shallow ditch through grass and weeds several inches high. Ms. Rigdon was 
accompanied by her husband, by Donnie Savell, Duke's caretaker, and by two others 
who were on the Sunday afternoon trail ride and were returning to their starting point 
at the home of one of the riders.

Weather was not a factor. Visibility was afforded the riders by a full moon. Duke was 
walking ahead of the other horses through the grass when he was apparently 
"spooked" by what was described by the riders as a "rustle" or noise in the grass. Ms. 
Rigdon, a 28-year-old housewife, had been on trail rides before but had not ridden a 
horse in about seven years until this fatal day. Duke bolted and ran wildly from the 
ditch, across the shoulder, and onto the roadway as plaintiffs' truck approached, 
traveling southerly. Ms. Rigdon's efforts to bring Duke under control did not succeed. 
No other traffic was involved.

Plaintiff Perry Dotson, accompanied by his wife, drove his pick-up out of a curve and 
saw the danger posed by the horse. He slammed on his brakes and skidded about 65 
feet before colliding with the horse and about 52 feet after. He testified that he was 
driving about 55 mph as he came out of the curve. The posted speed limit was 55 
mph. Plaintiffs' expert generally opined to corroborate Perry Dotson's estimate. 
Defendants' expert estimated Dotson's speed to be about five miles faster than did 
plaintiffs' expert. The skid marks veered slightly but were essentially in Dotson's 
proper lane of travel.

The horse's head crashed through the windshield on the passenger side, crushing 
Mrs. Dotson. Ms. Rigdon was thrown off the horse. Fortunately, Mr. Dotson and Ms. 
Rigdon escaped permanent injury. The horse was also fatally injured in the collision. 
Mrs. Dotson was alive and was partially conscious when she was removed from the 
truck. Some efforts were made to resuscitate her at the DeSoto General Hospital when 
she arrived there by ambulance at 9:58 p.m. The doctor who examined her testified 
that her neck was obviously fractured and her spinal cord was obviously severed. An 
autopsy was not performed.
* * * * * *
Perry and Marshelle Dotson had been married about five years and three months at 
the time of her death. They had two daughters, Elizabeth Marie, age 4, and Christine 
Lenee, age 3. Defendants do not dispute that Mrs. Dotson was a loving wife and 
mother. The family was close in every sense of the word, according to the record.

Mrs. Dotson had worked to help support the family, initially at the DeSoto General 
Hospital and later for two different doctors. She was 23 years old and was 
implementing *868• plans to enroll in college to pursue a degree and become a 
registered nurse. At the time of her death she was earning about $4.50-$5.00 per hour 
performing part-time nursing services for Dr. Evans of Mansfield. Mrs. Dotson's mother 
cared for her children while Mrs. Dotson worked.

Parents
BOLTON Denzil Ray (3 Jan 1935 - 25 Jul 2001)
BANKS Evelyn Christine ()

Siblings
BOLTON Marshelle (27 Nov 1959 - 24 Jul 1983)
BOLTON John Paul ()
BOLTON Brian Dale ()

Marriage To DOTSON Perry Steven ("Steve") ()

Notes


Children by DOTSON Perry Steven ("Steve")
DOTSON Christine Lenee ()
DOTSON Elizabeth Marie ()

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