DALLAS — After her son Ian was trampled by a spooked Dallas police horse, Esther Macharia is suing the City of Dallas, the State Fair of Texas and Fair Park First.
According to the lawsuit, Macharia is seeking damages to the tune of $1 million or more for pain and suffering due to negligence by the defendants.
The lawsuit lists the City of Dallas, the State Fair of Texas and Fair Park First as defendants. Also listed as a defendant in the lawsuit is Oak View Group, LLC, a group contracted by Fair Park First to run day-to-day operations.
The lawsuit alleges that the DPD mounted officer carelessly rode his horse through the crowd with one hand on the reigns and another on a large iced soda. When the horse was spooked, the officer spilled the soda on the horse, which the lawsuit claims exacerbated the situation. The horse ran through the crowd around Big Tex, which included Ian and Esther Macharia. According to the lawsuit, the horse trampled Ian and caused him to have a seizure and convulse on the ground.
Video from right after the incident happened shows Ian Macharia on the ground and appearing to suffer from a seizure.
Warning: The following video contains images some viewers may find disturbing.
The lawsuit states that the family had no intention of visiting any rodeo or animal exhibits during their day at the fair.
The lawsuit alleges that the officer and, by proxy, the City of Dallas were negligent. The lawsuit further states that all named defendants are liable for the injury, claiming it "was unreasonably dangerous to have mounted police officers at the fair."
According to the Macharia family, Ian is being treated for a traumatic brain injury, including a hematoma the size of a golf ball. Esther said her son suffers bad headaches and does not sleep well.
When asked if the Dallas Police Department is reconsidering its mounted patrol program at the State Fair, a spokesperson replied, "We do not comment on pending litigation."
The department did say the Dallas officer was also injured and is recovering.
"Due to pending litigation, we cannot comment at this time," the City of Dallas said in a statement Monday evening.