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any updates on the Pollard case?

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  • any updates on the Pollard case?

    hello all,
    hope this isn't reopening the wound but I was wondering if there have been any updates on the case and/or sentencing?
    I'm asking because someone on another board suggested something for a similar case.
    Basically, they said you can "file a suit in small claims court against the country the alien came from for their negligence in not providing their citizens proper documentation to enter the USA legally" and sue for damages resulting from said person's actions. Apparently you can sieze assets (coming into the country) if you win the case?

    Is this possible? Any lawyers care to jump in? thanks

  • #2
    How on earth would you file a case in small claims when the "defendent" is the government of a foreign country? How could you even enforce a judgement when they default by not showing up (and that country is not going to send an official representitive to small claims court)? And who would sieze what assets and where?

    Logic and a whole lot of details seem to be missing there.
    When opportunity knocks it's wearing overalls and looks like work.

    The horse world. Two people. Three opinions.

    Comment

    • Original Poster

      #3
      No idea. Thats why I asked
      I guess I'm just secretly hoping they can get justice somehow.

      Comment


      • #4
        By that logic you could sue ICE and the border patrol for "letting" them through. Faulty logic and wishful thinking. Sovereign immunity would be a consideration too.
        One would hope that the Pollards carried insurance for uninsured drivers; http://www.sbsalaw.com/CM/Articles/UM_Seminar_Paper.pdf
        ... _. ._ .._. .._

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        • #5
          the answer is no. That wouldn't work and isn't worth the legal battle and costs to lose.

          The pollards could have protected themselves w/insurance.

          For example, I have the max of uninsured/underinsured insurance on my cars and trailer. Horse may also be insured. These are costs you can incure to give some protection from just such accidents and are highly recommended. It sounds like they unfortunately didn't have such protections...and it is a tragic and expensive lesson.

          It sucks...but going after the country of the other driver is unfortnately no solution. Soveriegn Immunity would eliminate any such liability even if a "negligenece" claim could be won.
          ** Tact is the ability to tell someone to go to hell in such a way that they look forward to the trip. ~Winston Churchill? **

          Comment


          • #6
            The OPs question was specific to small claims court.

            In most states that's a 5k cap even if you do prevail. But doubt even filing a civil suit in regular court would be successful even if you could prove the court had the jurisdiction to hear the case and prove that immigration status was in any way part of the cause of the accident. Failure to carry insurance is a state matter anyway.
            When opportunity knocks it's wearing overalls and looks like work.

            The horse world. Two people. Three opinions.

            Comment


            • #7
              Not sure if this was talked about, sorry if it was but here is the press release that I received in an email. To me, it sounds like they may recoup something from the other driver, but with the other driver having limited coverage I guess this could mean little or no money at all.

              "Additionally, in response to many requests Pollard Eventing is establishing a Road to Recovery fund on its website where supporters can donate to help cover veterinary and equipment expenses incurred as a result of the trailer accident in which three horses lost their lives, and for which no coverage existed. "We were self insured with the horses and unfortunately a clerical error left our trailer without insurance. The driver of the vehicle that caused the accident had very limited coverage and it has put us in a very difficult situation. While we are very fortunate in many ways we were not properly prepared for this type of accident. We have received incredible support since this tragedy from people offering to help so we decided to establish this fund where donations will be used to rebuild Pollard Eventing. It is our focus to become a contender for future U.S. teams with the goal of making the 2014 World Equestrian Games in Normandy and 2016 Olympic Games in Rio de Janiero," said Pollard."
              Derby Lyn Farms Website

              Derby Lyn Farms on Facebook!

              Comment


              • #8
                Originally posted by Derby Lyn Farms View Post
                "We were self insured with the horses and unfortunately a clerical error left our trailer without insurance."
                Wait a sec, I thought they originally said none of their horses were insured? (I'm presuming by "self insured" they meant medical/mortality.)
                Road to the T3D
                Translation
                fri [fri:] fritt fria (adj): Free
                skritt [skrit:] skritten (noun): Walk

                Comment


                • #9
                  They said the TRAILER was left off the insurance policy. Self insured means "I keep money in the bank in case of emergencies".
                  Click here before you buy.

                  Comment


                  • #10
                    Originally posted by FrittSkritt View Post
                    Wait a sec, I thought they originally said none of their horses were insured? (I'm presuming by "self insured" they meant medical/mortality.)
                    "self insured" means that there wasn't an insurance company in the mix.

                    Lets say you set aside $10,000 for unforeseen medical expenses. Your horse would then be "self insured" for $10,000.

                    Honestly, its a fancy way of saying the horses were not insured, but a rainy day fund was set aside.
                    APPSOLUTE CHOCKLATE - Photo by Kathy Colman

                    Comment


                    • #11
                      "Self-insured" usually means that the company or business accepts the liability. Common for very large companied with good cash flow.

                      "Self-insured" is the opposite of "Fully-insured" which means an insurance company or underwriter accepts the liaility in return for premium payments.

                      In this case, I think it means Pollard Eventing has to eat the loss.
                      The plural of anecdote is not data.

                      Comment


                      • #12
                        I was under the impression that high-dollar & high-level horses were all insured. Does anyone know how common it is to carry insurance on an upper-level horse? I also had the impression that medical insurance automatically meant loss of use/mortality insurance. I can't imagine handling the vet bills on an upper-level horse without some kind of insurance.
                        life + horses
                        beljoeor.blogspot.com

                        Comment


                        • #13
                          @kerlin: That's what I thought too. I was surprised to hear that the horses were not insured. I would have assumed they would be based on the level at which they are competing. That is unless they are over a certain age like 15/16 when insurance companies no longer offer policies.

                          Comment


                          • #14
                            Originally posted by kerlin View Post
                            I was under the impression that high-dollar & high-level horses were all insured. Does anyone know how common it is to carry insurance on an upper-level horse? I also had the impression that medical insurance automatically meant loss of use/mortality insurance. I can't imagine handling the vet bills on an upper-level horse without some kind of insurance.
                            I know of very few, if any, upper level event horses with loss of use policies. Many insurance companies won't even offer them to eventers, and if they do the cost is exorbitant. As far as major medical- for some people it is more cost effective to "self insure" (have a rainy day fund or what have you) and they carry no policy. And many people will get mortality coverage, but not for the horse's true worth. Our upper level horse could be sold for MUCH more than what he is insured for, but the premium for that coverage is more than we are able to afford right now. If something were to happen to him, we would get enough from the insurance company to go out and buy an eventing prospect, NOT to replace him with a horse of equal training/experience. That said, we carry insurance on him for the major medical, not for the mortality, because, you're right, the vet bills on an UL horse are staggering.
                            Balanced Care Equine

                            Comment


                            • #15
                              Originally posted by kerlin View Post
                              I was under the impression that high-dollar & high-level horses were all insured. Does anyone know how common it is to carry insurance on an upper-level horse? I also had the impression that medical insurance automatically meant loss of use/mortality insurance. I can't imagine handling the vet bills on an upper-level horse without some kind of insurance.
                              Many upper level horses are insured, but certainly not all. Yes, you almost always must carry a mortality policy on the horse in order to purchase medical, surgical or loss-of-use insurance.

                              Honestly, medical/surgical insurance isn't quite as helpful as you might think. It doesn't pay for maintenance - - i.e. no coverage for Adequan, Legend, joint injections, swimming, massages, chiro, etc. There are also usually exclusions for pre-existing conditions, so a horse that is prone to injuries could end up with exclusions on 3 of 4 legs after a year or two and then you have to decide whether the premium you pay is worth it to cover that 1 leg (or whether you want to suck it up for the year in hopes that you can get the exclusions removed in future years).

                              It is very helpful with medically necessary surgery, diagnostics (MRI, x-rays, ultrasounds, nuclear scans, etc.), and most companies cover PRP, IRAP, shockwave and the like after an injury.

                              Comment


                              • #16
                                Literally just saw it pop up on my facebook news feed that Michael and team have purchased Ballingowan Pizazz via a syndicate! He was Shannon Lilley's horse she rode in the last Pan Ams, and she has been laid up due to back surgery.

                                Congrats guys! He is a lovely, lovely horse!

                                Comment


                                • #17
                                  Originally posted by joiedevie99 View Post
                                  Honestly, medical/surgical insurance isn't quite as helpful as you might think. It doesn't pay for maintenance - - i.e. no coverage for Adequan, Legend, joint injections, swimming, massages, chiro, etc. There are also usually exclusions for pre-existing conditions, so a horse that is prone to injuries could end up with exclusions on 3 of 4 legs after a year or two and then you have to decide whether the premium you pay is worth it to cover that 1 leg (or whether you want to suck it up for the year in hopes that you can get the exclusions removed in future years).

                                  It is very helpful with medically necessary surgery, diagnostics (MRI, x-rays, ultrasounds, nuclear scans, etc.), and most companies cover PRP, IRAP, shockwave and the like after an injury.
                                  Ain't this the truth! We carry it in case of colic needing surgery or some other serious injury requiring major therapy/rehab or hospitalization. We pay "maintenance" medicine costs out of pocket (joint injections, Adequan/Legend, mesotherapy, any fluids at events, regular vet jog ups, etc etc)... and boy does it add up .
                                  Balanced Care Equine

                                  Comment


                                  • #18
                                    Trying to figure out why he is asking people to donate money to help him but then goes and purchases a new (expensive) horse.

                                    Comment


                                    • #19
                                      Originally posted by HorseLuvr View Post
                                      Trying to figure out why he is asking people to donate money to help him but then goes and purchases a new (expensive) horse.

                                      A syndicate of supporters bought one horse....he lost 3 (and vet bills), a trailer and truck. If supporters want to help and he is making it easier for them...I see no issue.
                                      ** Tact is the ability to tell someone to go to hell in such a way that they look forward to the trip. ~Winston Churchill? **

                                      Comment


                                      • #20
                                        God forbid that anyone who has EVER lost a horse through such a terrible accident (let alone THREE horses, let alone THREE UPPER LEVEL horses, let alone a truck and a 6-horse trailer!!!!) would have the balls to post here criticizing the poor guy who experienced these losses. There but for the grace of God goes thou and I. Do ALL of you have your trailers and your horses insured to the max? If not, why not? Well, there's your answer. Go back to the Troll Bridge, but stop and call your insurance agent on the way and price such coverage if you can even get it. As far as I am concerned he can fund his replacement horses and vehicles any darn way he wants to, and bless him for even considering going forward in the sport after such a tough loss. He had an Olympic team berth literally evaporate as a result of this, something riders work their entire lives to accomplish. It is very hard for me to read some of these comments sometimes, they make me mad as they are so rude and inconsiderate. I just wish you NEVER have a trailer accident with your horse, it is so scary and so nerve-wracking. I cannot imagine pulling a trailer and having a horse die as a result. I just cannot imagine it.
                                        Proud & Permanent Student Of The Long Road
                                        Read me: EN (http://eventingnation.com/author/annemarch/) and HJU (http://horsejunkiesunited.com/author/holly-covey/)

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