Trial Magazine

Express Ranches, LLC owned Atmore Ranch, a hunting and fishing ranch in New Mexico. Elk hunters James Wilson and Michael Norman were there as invited guests and worked with James Rockenfield, who acted as a guide for the ranch. Rockenfield directed Wilson and Norman to discharge their high-powered rifles in the direction of a neighboring ranch. The shots traveled southward, striking other solid objects, which caused shells to fragment and ricochet off the hillside. Shrapnel from the bullets struck Luke Armstrong, 44, and Eric Armstrong, 49, who were on the adjacent ranch.

Eric was struck in the left flank, and a bullet fragment lodged in his abdomen. He also suffered a back injury at T10-11. Luke was struck in the face, shoulder, and lower lip, necessitating two plastic surgeries and ­placement of a dental crown.

The Armstrongs sued Express Ranches, alleging it was liable for Rockenfield’s negligence in directing Wilson and Norman to shoot toward the neighboring ranch and in mistaking the distance of the target, causing them to overshoot. Suit did not claim medical expenses or lost income.

The jury awarded $5.25 million.

Citation: Armstrong v. Express Ranches, LLC, No. D-117-CV-2017-00089 (N.M. Jud. Dist. Rio Arriba Cnty. July 10, 2019).

Plaintiff counsel: AAJ member Lee R. Hunt, Santa Fe, N.M.; and Shannon Reed, Pueblo, Colo.