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Another Pony Lawsuit....

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  • #61
    I would assume that this woman has access to lots of very good legal counsel. Even though we live in a sue-happy country, I highly doubt this woman and family in particular would enter into a lawsuit they cannot win or do not think they can win. There is probably more to this story.

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    • #62
      Originally posted by lrp1106 View Post
      I would assume that this woman has access to lots of very good legal counsel. Even though we live in a sue-happy country, I highly doubt this woman and family in particular would enter into a lawsuit they cannot win or do not think they can win. There is probably more to this story.
      Having access (money to pay) legal counsel in no way predicts the validity of the law suit. Look at the mess caused by Humble's owner, she sues everyone over every little thing.

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      • #63
        Originally posted by trubandloki View Post
        Having access (money to pay) legal counsel in no way predicts the validity of the law suit. Look at the mess caused by Humble's owner, she sues everyone over every little thing.
        Sure, one can be rich and crazy or rich and sane, or poor and crazy or poor and sane.

        If the PO (Pony Owner) has been around the horse world for a while, got ripped off and uses litigation to correct that, reserve judgment until a court renders a verdict. I recommend this because I think the PO faces an uphill battle in proving her case. And also! Because plenty of people with less money or ambition get ripped off the world of horse trading every day. If we have to have a big lawsuit everyone once in a while to keep everyone honest..... then be glad it wasn't you who had to fund that.

        (My experience with this comes from the frustration of watching someone complain about a BNT who dealt in shady ways with horse deals for a long time. My buddy had been ripped off and would complain to all who would listen. When asked to testify, however, she wussed out.)
        The armchair saddler
        Politically Pro-Cat

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        • #64
          Originally posted by trubandloki View Post
          Having access (money to pay) legal counsel in no way predicts the validity of the law suit. Look at the mess caused by Humble's owner, she sues everyone over every little thing.
          True, that certainly does not predict the validity of the law suit, but that woman is a species of her own... Also, she does not come from the background that the woman in this lawsuit does. That may come off as harsh/snobby, but it's true. I have no idea what happened in the lawsuit, but the fact that it is coming from this family/person is very interesting to me

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          • #65
            jeez one bad pony mom gives all pony moms a bad name! ha ha... I agree, I do not choose to paint all pony moms with one crazy brush... I personally want to see more details.

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            • #66
              I was not saying this pony mom = that pony mom. I was simply rebutting the point that if the lawyers are moving forward there must be a good case.

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              • #67
                Originally posted by wcporter View Post
                Whats with the random pics in the Post article of the PM pointing to said pony on a t-shirt?!

                And more seriously, WHY drag a child into this mess? She may be well known in the pony world, but why does all of NY (i.e., the world) need to see her face and know her name? She's 12! So inappropriate IMO
                You obviously don't read the Post regularly. This is small beans compared to the stunts they normally pull.

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                • #68
                  Originally posted by Judysmom View Post
                  Maybe. It depends on the state law - is there a duty to disclose, ie caveat emptor has been abrogated; if she bought the pony from someone who qualifies as a dealer under the state's version of the UCC, were representations of soundness made, etc.

                  However, before questions of law are reached, the woman has to be able to prove that the pony had a preexisting issue.

                  Not for nothing, but nerve blocks are much better nowadays than they used to be, and its unlikely, if she alleges that the pony was nerved, that the nerves grew back THAT fast.

                  Who the heck doesn't Xray feet on that expensive of an animal??? Really.

                  My moneys on the "foundering event happened subsequent to purchase"
                  I bought a TB mare in 1987 who had had both front feet 'nerved '. She competed for 2 years, winning everywhere and then the nerves re-grew. I bought her then as a broodmare. Later, with the help of a genius farrier, we got her feet to the point she was riding sound the rest of her life. Each case is different, and 2 yrs was not fast in my case.

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                  • #69
                    Maybe it's just me, but I read the NY Post article to mean that this family was a customer of Heritage Farm. I interpret the argument as this:

                    Heritage Farm/Andre found this pony being sold by a third party seller in FL. Heritage Farm/Andre suggested the pony as a possible pony for the family to purchase. The family decided they liked the pony, and had the pony vetted by the vet that Heritage Farm uses. Heritage Farm/Andre and/or the vet then discussed the prepurchase results with the family. The family decided to buy the pony, relying, in part on the prepurchase results as described by Heritage Farm/Andre and the vet.

                    The pony then ended up having problems, which the family believes should have been evident based on certain results of the prepurchase exam, which the family believes was inadequately explained by Heritage Farm/Andre and/or the vet.

                    I offer absolutely no opinion on what actually happened here, but the above is what I gathered to be the argument based on that article, and based on my knowledge of how many horse deals work. I did ride with a trainer for some period of time who would not permit me to even SPEAK to my vet (the one she required), and certainly not about prepurchase results. When I bought my horse, SHE called me to tell me about the prepurchase results. I never "got to" speak to the vet. I later found out that some of my prepurchase x-rays were actually not even readable...so...I guess I can see how this sort of thing could happen. I do think there are many trainers out there who work very hard to control the information received by their clients so that they can make sales happen that might otherwise not happen.

                    Again, I have absolutely no idea if that is what happened here or not, but this is what I think the family is arguing based on that poorly written newspaper article.

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                    • #70
                      You nailed it, FineAlready.

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                      • #71
                        If the barn assisted the buyer with purchasing this pony, the barn knew it had rotated and failed to disclose, and then medicated the pony to mask the rotation so the buyer's daughter could show... and all this was discovered only when the buyer changed barns and the pony was lame without the masking-- that's incredible cruel and makes me sick. I take no opinion on whether that's what happened but how unfathomable if it did.
                        ~Veronica
                        "The Son Dee Times" "Sustained" "Somerset" "Franklin Square"
                        http://photobucket.com/albums/y192/vxf111/

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                        • #72
                          We have several ponies and horses who have foundered, one of which is my old pony (she is a under-exercised case. Sorry sweetie.). It can be hard to get them pasture sound, let alone show sound! Is it something we're missing? If the pony foundered a year ago or so, even at a few degrees rotation, how could it be sound enough to show? Let alone successfully.

                          Please note: all our foundered horses are pasture pets. They get fed and loved on, none are ridden. I tried to get my old pony fit, because she's cute as a button and would make a wonderful lesson pony, but her feet hurt too bad. She's now an upper level dressage horse's pet pony! =D The absolute only "drugging" we do for those horses is maybe 1/2 to 1 gram of bute in the morning when the ground is hard as a rock.
                          Last edited by Kiera; May. 1, 2013, 06:13 PM. Reason: math killed my brain

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                          • #73
                            Originally posted by Kiera View Post
                            We have several ponies and horses who have foundered, one of which is my old pony (she is a under-exercised case. Sorry sweetie.). It can be hard to get them pasture sound, let alone show sound! Is it something we're missing? If the pony foundered a year ago or so, even at a few degrees rotation, how could it be sound enough to show? Let alone successfully.
                            Potentially, if it was nerved which is horrible to think!
                            ~Veronica
                            "The Son Dee Times" "Sustained" "Somerset" "Franklin Square"
                            http://photobucket.com/albums/y192/vxf111/

                            Comment


                            • #74
                              Originally posted by Rel6 View Post
                              I'm still laughing at the phrase "defective show pony." Wish I had thought of that phrasing while I was being bucked off in to the mud in the middle of filling a hack on a schoolie: She isn't naughty! She is just a defective show pony!
                              .
                              apparently, all of my show ponies have been defective as a kid i spent as much time dusting myself off as i did actually riding. gotta love ponies. My non-horsie husband calls them "baby horses on crack". he is convinced ponies are evil
                              Save a life...be an organ donor! Visit www.Transplantbuddies.org

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                              • #75
                                The Complaint;

                                http://iapps.courts.state.ny.us/iscr...No=651517-2013

                                I guess the Xrays will tell the story ?
                                ... _. ._ .._. .._

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                                • #76
                                  So if you believe the complaint, the buyer DID have a PPE but she relied on the trainer/agent's representations of the PPE. The PPE showed rotation and the trainer/agent blocked the pony's feet post-purchase so it could show. Only the buyer and her daughter were not told that blocking was being done and they didn't suspect because they hadn't personally been involved in the PPE. If that's true, that's disgraceful.
                                  ~Veronica
                                  "The Son Dee Times" "Sustained" "Somerset" "Franklin Square"
                                  http://photobucket.com/albums/y192/vxf111/

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                                  • #77
                                    Originally posted by vxf111 View Post
                                    So if you believe the complaint, the buyer DID have a PPE but she relied on the trainer/agent's representations of the PPE. The PPE showed rotation and the trainer/agent blocked the pony's feet post-purchase so it could show. Only the buyer and her daughter were not told that blocking was being done and they didn't suspect because they hadn't personally been involved in the PPE. If that's true, that's disgraceful.
                                    That is what I'd feared and I completely and totally agree with you on all counts, and to me, that is "torture" to put the pony in that situation where its feet will get worse and worse over time like that. That is incredibly sad if that is what happened, and absolutely disgraceful.

                                    Comment


                                    • #78
                                      Not sure if this matters at all but...
                                      The complaint states the PPE was done on 3/24/12. This is during WEF and I'm pretty sure the vet, rider, trainer(s), pony, and all others involved were in Florida. Does it change anything if the event in question was out of state?

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                                      • #79
                                        Nothing much to add to this but WOW. If true, this is just frightening...
                                        We don't get less brave; we get a bigger sense of self-preservation........

                                        Comment


                                        • #80
                                          Originally posted by iEquitate View Post
                                          Not sure if this matters at all but...
                                          The complaint states the PPE was done on 3/24/12. This is during WEF and I'm pretty sure the vet, rider, trainer(s), pony, and all others involved were in Florida. Does it change anything if the event in question was out of state?
                                          Wonder if her attorney researched NJ vs FL law. I would have guessed (sans research) that FL law might actually be better?!
                                          ~Veronica
                                          "The Son Dee Times" "Sustained" "Somerset" "Franklin Square"
                                          http://photobucket.com/albums/y192/vxf111/

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