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View Full Version : Case on lady failling off horse on date



Beenthere
Sep. 17, 2009, 10:12 AM
[Judge Rejects Attempt to Claim Damages for Injuries Horse Lover Suffered on Date

http://www.freerepublic.com/focus/news/2340978/posts?page=54]

ChocoMare
Sep. 17, 2009, 10:20 AM
Wow, a judge with common sense! :o

danceronice
Sep. 17, 2009, 10:41 AM
*gives judge standing ovation*

There's no such thing as a 100% bomb-proof horse, lady.

Cita
Sep. 17, 2009, 10:58 AM
"Unexpectedly lunged forward"? Do we think that means he bolted, he spooked, or...? I'm having trouble understanding how she fell off.

lcw579
Sep. 17, 2009, 11:00 AM
Wow! I'm kind of in shock here. Could we be returning to common sense rulings? :yes: Are people actually going to be held responsible for their own decisions and behavior? :confused: Nah, probably just a fluke. :no: But let's hope not.

Giddy-up
Sep. 17, 2009, 11:05 AM
I am guessing Match.com won't be featuring this couple as one of their success stories. :lol:

Good for the judge. :yes:

caradino
Sep. 17, 2009, 11:21 AM
can i get an AMEN?!

ChocoMare
Sep. 17, 2009, 11:29 AM
can i get an AMEN?!

How about a suthurn-ism: Well Praise the Lord and pass the cornbread! :winkgrin: :lol:

caradino
Sep. 17, 2009, 11:38 AM
How about a suthurn-ism: Well Praise the Lord and pass the cornbread! :winkgrin: :lol:

that works too!!

Petstorejunkie
Sep. 17, 2009, 11:40 AM
perhaps she needs to read the sticky on how to properly execute a "half halt" :lol:

trubandloki
Sep. 17, 2009, 11:47 AM
Stands up and applauds the judge!

Dramapony_misty
Sep. 17, 2009, 01:14 PM
No mention of helmets were involved. If she wasn't, I bet she wishes she was wearing one now! One would think that having as much riding experience as she claimed to have, it would take more than a "lunge forward" to toss her that badly. I mean, even being rusty, the balance and such for riding is like riding a bike...you just don't forget it!

Yay for common sense rulings. People need to be responsible for their own actions. Please refer to phrase in my signature below:

gottagrey
Sep. 17, 2009, 02:28 PM
Something similar happened to a friend of mine - except date was a man who "grew up riding ponies"; so he tired of the "guest horse" and begged to ride her horse - which was a great foxhunter/trail horse but not quite as quiet as "guest horse" at any rate they were cantering along w/ horse did one of those sideways hops over a small fallen log. Off he goes, knee pops out - old football injury. They never really saw each other much until bumping into each other 2 years later at a cocktail party. A few days later she is served w/ lawsuit papers... 2-3 years and a few lawyers later they go to court. Jury finds in her favor which is great or is it... a lawyer friend (fellow horseperson) represented her but she still chalked up about $20K in attorneys fees

dab
Sep. 17, 2009, 02:49 PM
Story doesn't mention if she had to cover his legal fees -- I'm not sure how that works, but I sure hope she did --

BuddyRoo
Sep. 17, 2009, 03:04 PM
Good grief....I can't believe she would sue him over that. I can believe that her INSURANCE company would try...as they tried when I fell off my boyfriend's horse on the BO's property and had a pretty serious injury. They wanted to try to sue everyone they could to recoup expenses.

Thank goodness for some common sense.

Dramapony_misty
Sep. 17, 2009, 05:11 PM
The scary thing is when the insurance companies get involved, it can be taken out of your hands and they can sue even if you don't want to.

It's sad that I can't even let my fiance ride one of my horses on my family's property because we don't have enough liability coverage. Poor guy just bought his own saddle too :( But until we get the liability insurance figured out, my dad says that he can't ride.

dwblover
Sep. 17, 2009, 10:32 PM
I like that judge!!!:yes:

Cindyg
Sep. 18, 2009, 12:38 AM
It is a wonder there aren't more accidents like this. Horses are so unpredictable, and people are sometimes so ignorant (including me sometimes, I'll admit). And hardly casual riders wear helmets.

I think it was a good decision.

The thing about her calling for help when she was on the horse and he wouldn't obey her--at that point, there's nothing anybody can do to help you. I mean, I'd call for help to -- that's instinctive; but I wouldn't expect my boyfriend across the field on another horse to be able to control my horse!

Cita
Sep. 18, 2009, 12:44 AM
The thing about her calling for help when she was on the horse and he wouldn't obey her--at that point, there's nothing anybody can do to help you. I mean, I'd call for help to -- that's instinctive; but I wouldn't expect my boyfriend across the field on another horse to be able to control my horse!

Not to mention screaming, "HELP! HELP!" rarely helps calm a horse down. :rolleyes:

Dun Ciarain
Sep. 18, 2009, 02:20 AM
People need to take responsibility for their own actions. This reminds me of the lawsuit where someone bought hot coffee at a drive-through window and then sued because they spilled the coffee while they were driving and burned themselves.

It is about time.

classicsporthorses
Sep. 18, 2009, 07:40 AM
Wait here, I know this horse and one of the men! Oh boy where do I start! That horse, if it's who I think it is-and I am pretty sure it is,is BLIND. One of the men named in the press release leaves much to be desired to say the least, as a horseman.

He's a nice horse but blind as a bat. He's been on my farm and we had to keep him in our round pen b/c he could not see our fencing.

When he came to me and I was told repeatedly that he was blind and other care issues, and our heart just went out to Teddy. Others in the Westchester area know he's blind too.

He's a wonderful horse and babysat one of my orphan babies who was a few months old then. They were both in the round pen together. Heck we joked about getting him a "Mother's Day" card he was so good with the baby colt.

It's too much of a "coincendence" not to be that horse. Also, if he's away from other horses he gets very upset. Duh. A few times we had to hold him back with some muscle when we had to remove the colt. He would pace, call, bang into the roundpen-obviously he could not see the panels b/c he was so upset. The round pen was right next to another pasture of horses but that did not matter. He also could not smell very well as getting him to his grain each night took a bit of effort-feed pan on the ground.

Maybe the whole story should be told.

Jealoushe
Sep. 18, 2009, 11:36 AM
oh who cares about the character of these people! You get on a horse you know you have a unpredictable animal between your legs. Obviously, she knew this since she was so clearly paranoid she would be given a "bad" horse.

Ever hear the saying horses can sense your nerves?

It says this girl used to ride and own horses, she knew there were risks!

Giddy-up
Sep. 18, 2009, 02:50 PM
I guess my feeling is at any time during the ride she could have just gotten off.

If I was riding a strange horse & I didn't feel "right", I'd be getting off that second. Rather be standing on the ground than landing on it.

DancingQueen
Sep. 19, 2009, 03:36 AM
Love this verdict!
Maybe if the girl had advertized herself as a complete beginner it would have panned out differently, who knows. The guy was also not running a professional stable right? Just taking a date out for a free ride.

In regards to the hot coffee thing. One of my good friends is a lawyer and he told me that there's a back story to it.
Apparently the place that served the "hot coffe" also advertized free refills. They were found to have a secret memo advicing the staff to keep the coffe at a higher then normal temperature (close to boiling) in order to make their customers bring their coffe with them on the road rather then stay and cash in in the free refills.
This memo is according to my friend (who was not involved in the actual case) what made the jury award a big reward to the lady who burned herself.

Eg not so much a reward for the stupid one as a penalty to the greedy who promised free refills and then took measures to try to keep the poor guy from actually getting one.
This particular verdict made much more sense to me after I got it explained to me this way.
A, You can imagine the burns from coffee at close to boiling to be more severe then what you imagined from simply hot coffee.
B, it was not an accident that the coffe was so hot, they did that on purpose because they had calculated that keeping the coffee that much warmer was going to save them money on the refills.

I'd hit the corporation too if I was a juror! Even despite the fact that I had to reward somebody stupid enough to put the cup between her knees and squeeze! LOL!
Cheating the little guy is wrong!

meupatdoes
Sep. 20, 2009, 10:37 AM
Love this verdict!
Maybe if the girl had advertized herself as a complete beginner it would have panned out differently, who knows. The guy was also not running a professional stable right? Just taking a date out for a free ride.

In regards to the hot coffee thing. One of my good friends is a lawyer and he told me that there's a back story to it.
Apparently the place that served the "hot coffe" also advertized free refills. They were found to have a secret memo advicing the staff to keep the coffe at a higher then normal temperature (close to boiling) in order to make their customers bring their coffe with them on the road rather then stay and cash in in the free refills.
This memo is according to my friend (who was not involved in the actual case) what made the jury award a big reward to the lady who burned herself.

Eg not so much a reward for the stupid one as a penalty to the greedy who promised free refills and then took measures to try to keep the poor guy from actually getting one.
This particular verdict made much more sense to me after I got it explained to me this way.
A, You can imagine the burns from coffee at close to boiling to be more severe then what you imagined from simply hot coffee.
B, it was not an accident that the coffe was so hot, they did that on purpose because they had calculated that keeping the coffee that much warmer was going to save them money on the refills.

I'd hit the corporation too if I was a juror! Even despite the fact that I had to reward somebody stupid enough to put the cup between her knees and squeeze! LOL!
Cheating the little guy is wrong!

More facts on the coffee case (http://www.lectlaw.com/files/cur78.htm)

The woman tried to settle for $20,000 after suffering 3rd degree burns and being hospitalized for 8 days, but McDonald's, who had had numerous (as in over 700) other problems with people being burned by their coffee, refused.


As for the riding case here, it seems that both the woman and her date had an overinflated view of their level of skill. As do many riders.

Thomas_1
Sep. 20, 2009, 10:50 AM
So what happened next???

Did they get married ? :winkgrin:

LexInVA
Sep. 20, 2009, 10:58 AM
Definitely a good example of why you don't do riding dates.

Thomas_1
Sep. 20, 2009, 11:13 AM
True story of when Sue and I got together. We'd met at a horse trials and had even been on the same hunt together and had been out a few times.

I invited her back to my place and let her ride one of my T/B's. She rode him in the outdoor school and pronounced him lovely and easy. I asked if she wanted to take him into the field at the back and when she said yes I opened the gate to the 40 acre hillside field which had just been cut and baled and she went through and then put her leg on (more leg than my horses were used to!) and he went from walk to gallop in a heart beat and pissed off up the hill at a great rate of knots and towards the looming 11 feet high hawthorn hedge.

I was standing at the gate wondering why the heck she'd done that and thinking she was going through it when the horse spun round and back down the steep hill at the same speed he'd gone up.

I wondered whether to shut the gate back in or shout "Woaa" when Sue got herself positioned correctly and just asked for a stop and he stopped. She said she thought he'd tire or stop as the hedge approached and then realised he wasn't going to so tried to quietly turn up but he virtually did a spin on his haunches! Sue swears the horse (and I) were testing her.

Thankfully though she never took me to court! It was just the start of a beautiful romance.

Foxtrot's
Sep. 20, 2009, 02:08 PM
Lucky you, Thomas!

If the judgement had gone in the other direction riding as we know it could be changed for ever.

Q: In American law, would the hospital have claimed from the insurance company, or only if negligence could be proved?