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  1. #1
    Join Date
    Sep. 15, 2011
    Posts
    77

    Default Trainer won after death of student




  2. #2
    Join Date
    Jan. 6, 2011
    Location
    Florida
    Posts
    1,698

    Default

    I do not know all the facts, but the girl should have known better. You should know the rules and the amount of refusals you can have. Not only that, if your horse is not wanting to jump then retire. Stop pushing your luck and your horse and just stop so you can ride another day.

    Sad story and sad that the parents lost both of their girls. Kind of angers me that they are so sue happy. Move on, you lost your kids so you want to go after everyone? Is this your way for mourning by paying a ton of court fees.

    Do something better with that money, like start a foundation for eventing safety so that you can prevent other parents from losing their child.
    I am on my phone 90% of the time. Please ignore typos, misplaced lower case letters, and the random word butchered by autocowreck.




  3. #3
    Join Date
    Dec. 10, 2004
    Location
    Canada
    Posts
    3,748

    Default

    Sad the Eriksson's lost both their daughters, devestating for them really, but what is suing everyone who had anything to do with eventing going to do for them? Getting some money isn't going to bring back your daughter. It makes me shake my head at the amount of litigation that just went into their daughter, who made the fatal error herself. I am happy that everyone was found fault free. That would have set a seriously bad precedent had they somehow won.



  4. #4
    Join Date
    Nov. 13, 2002
    Location
    Maryland
    Posts
    3,984

    Default

    Hopefully the trainer did not have to bankrupt herself defending this suit- this was in the 2nd week of a trial when the court dismissed it.
    Be interesting to read the dismissal order if it becomes available online
    Jazzy Lady- the parts with far-reaching liability implications were dismissed a while ago and upheld on appeal (the suits against the USEA, event officials, Galway Downs, etc). What was left was a claim of negligence against the trainer that was so fact-specific that I doubt it would have had much broader effect on liability of trainers in general
    There is something about the outside of a horse that is good for the inside of a man.(Churchill)



  5. #5
    Join Date
    Jan. 6, 2011
    Location
    Florida
    Posts
    1,698

    Default

    Ok, just pulled the horses USEA records. He was 7 years old going Intermediate and had been competing in recognized events for a little under two years. Moving fast? I think so.

    Also his record at intermediate was not all that great. He was retired in the event prior to the 2* plus he picked up a lot of faults along the way. What was the rush? Bump him down to prelim an extra season and then get his confidence rolling to go back to intermediate. The horse was young and had a lot of years ahead of it.

    Was it the trainer? Could be. Was it Mia wanting to event at that level? Could her parents have been pulling the strings? We will never really know.

    Could anyone clear this up for me, in some articles it says something about the horse having a concussion. Was this found to be true?
    I am on my phone 90% of the time. Please ignore typos, misplaced lower case letters, and the random word butchered by autocowreck.




  6. #6
    Join Date
    Nov. 13, 2002
    Location
    Maryland
    Posts
    3,984

    Default

    The facts of this case have been rehashed here several times and the factual allegations about the trainer's negligence were fairly involved- no easy way to accurately summarize them
    The only way there would be "proof" of a concussion would be if it were presented at trial- so unless you have a trial transcript or were present at trial or it makes it into a written decision, we won't know what they tried to prove at trial.
    Your best best for understanding this case is to get on the court website (superior court of California for Riverside County) and read the decision denying the motion for summary judgment (or to dismiss- do not remember which it was) that was issued after the remand from the appellate court, as well as the decision of the appellate court. These decisions should both be on the court websites (that is where I got them at the time they were issued) and had nice long factual discussions
    There is something about the outside of a horse that is good for the inside of a man.(Churchill)



  7. #7
    Join Date
    May. 24, 2011
    Posts
    491



  8. #8
    Join Date
    Apr. 27, 2008
    Posts
    2,947

    Default

    Quote Originally Posted by bambam View Post
    The facts of this case have been rehashed here several times ....
    Yes.

    New discussion would be welcome, about new issues and/or concepts.

    Re-doing the bashing and thrashing of all parties, rider, parents, trainer, lawyers, horse etc. & so on, just isn't productive - again. I'd ask people to read the old threads first.

    Just imo



  9. #9
    Join Date
    Jan. 6, 2011
    Location
    Florida
    Posts
    1,698

    Default

    I am sorry, I did not search for older threads on this subject.
    I am on my phone 90% of the time. Please ignore typos, misplaced lower case letters, and the random word butchered by autocowreck.




  10. #10
    Join Date
    Nov. 16, 2009
    Location
    Cincinnati, OH
    Posts
    805

    Default

    wow, all I'm reading is that these people lost BOTH of their daughters in riding related accidents. Holy crap, that's bad luck!



  11. #11
    Join Date
    Jan. 16, 2002
    Location
    West Coast of Michigan
    Posts
    36,321

    Default

    One reason I will not use "rate my horse pro". They seem to find it necessary to play tabloid news reporter. Revolting.
    Click here before you buy.



  12. #12
    Join Date
    Feb. 22, 2000
    Location
    passepartout
    Posts
    10,493

    Default

    Quote Originally Posted by deltawave View Post
    One reason I will not use "rate my horse pro". They seem to find it necessary to play tabloid news reporter. Revolting.
    Can you explain what you found to be 'tabloid' about the report on the Erikssons' lawsuit?

    RMHP reported the basic facts of the case, contacted both parties for comment (reaching one of them) and linked to the legal docs. If there's irresponsible journalism in that, I can't see it.

    (I've never seen this site before so I have no idea what kind of reputation it bears.)



  13. #13
    Join Date
    Oct. 18, 2000
    Posts
    22,489

    Default

    The whole thing is just so very sad. For so many reasons.
    Brothers and sisters, I bid you beware
    Of giving your heart to a dog to tear.
    -Rudyard Kipling



  14. #14
    Join Date
    Feb. 24, 2010
    Posts
    596

    Default

    Nobody "wins" in a case like this. But the judge has ruled that none of the defendants, including the trainer, were legally at fault.

    The stress of lawsuits, plus the expense, takes a toll on everyone.

    And yes, this incident has been rehashed several times on coth. As well as the prior incident with the other daughter where the parents also sued.

    RateMyHorsePro has not sensationlized this case. It has reported it.



  15. #15
    Join Date
    Jan. 16, 2002
    Location
    West Coast of Michigan
    Posts
    36,321

    Default

    Well, you're seeing the direct result of "first impressions". Fair or not fair, my first half dozen "exposures" to this website/service was the dissemination of this type of story: lawsuits over tragic deaths of a rider, Darren Chiacchia's legal wrangles, etc. The few times I've been there, the list of "stories" always seems to me to be not so much about what I might find interesting, but rather gossipy and hyped-up stories like this. Of course they are not making the news, just passing it on. It is the selection of what is posted that I don't care for. A matter of personal opinion, that's all.

    ETA--just went again and checked: yup, the normal assortment of felonies, rape accusations, tawdry and nasty stories of bad horsemen or just bad people in the horse world . . . yuck.
    Click here before you buy.


    1 members found this post helpful.

  16. #16
    Join Date
    Apr. 30, 2002
    Location
    Looking up
    Posts
    6,377

    Default

    Agree with Delta. Poor reporting at best.
    "It is the life you lead and the work you do every day that makes you the rider you want to be. It has nothing to do with competing."
    http://eventingnation.com/i-want-to-ride/



  17. #17
    Join Date
    Feb. 14, 2003
    Location
    Windward Farm, Washougal, WA- our work in progress, our money pit, our home!
    Posts
    7,908

    Default

    Break out the popcorn machine! This has been "reheated" on here several times, ad nauseum . Search, read, enjoy!
    Proud member of the "Don't rush to kill wildlife" clique!



  18. #18
    Join Date
    Oct. 14, 2010
    Location
    Horse Heaven
    Posts
    2,198

    Default

    Sorry this is a not a reputable source and is linked to other "news" controversies on COTH (do a search).

    Post news / data from a reputable source or else its just spreading misinformation.

    I am starting to feel Rate My Pro is just seeding COTH with fake members who keep posting links to Rate My Pro. The more I see these new threads the less impressed and more annoyed I get of this website. Its like Wackamole! Yuck.
    Last edited by Justa Bob; Feb. 2, 2012 at 12:07 AM.



  19. #19
    Join Date
    Jan. 11, 2011
    Location
    Northern Cali
    Posts
    74

    Default

    I am from Area VI so this touches home.

    Sad either way, I am glad the trainer was not held responsible. It would be different if Mia died doing something the trainer had been asking her to do or during a lesson. But it was her job to pull the horse up once she was eliminated.



  20. #20
    Join Date
    Mar. 1, 2004
    Location
    California
    Posts
    365

    Default

    I think the title of this thread is BAD.

    The trainer won nothing. The case was dismissed. The trainer lost business, confidence and stress most of us can not imagine. I understand the parents lost a daughter but not to many of us thought they would win a suit against the USEA, Organizers and the trainer. IN their grief they "appear" to have misguided the anger they had over losing 2 girls to riding. SAD for parents and sad for trainer.



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