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Nephew Sues Aunt - Struck By Loose Horse

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  • <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by chiggins:
    The nephew's a roper? Boy, wouldn't it be great to get a video of his shoulder in action. Wouldn't it be really great to get a video of him and his shoulder during an 8 sec bronc ride. <HR></BLOCKQUOTE>

    For the record this guy sounds like a total @$$, but really Chiggins, just because someone ropes, it doesn't mean they ride broncs! Two totally different events.

    Back to your regularly scheduled discussion.

    Jo
    ~~Some days are a total waste of makeup.~~

    Comment


    • Law & Order: SNU (Stupid Nephew Unit)

      Sorry, being the huge Law & Order fan I am, I couldn't resist
      -The Girl With Endoscope Eyes

      Comment


      • <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by Soup From the Store:
        Law & Order: SNU (Stupid Nephew Unit)

        Sorry, being the huge Law & Order fan I am, I couldn't resist <HR></BLOCKQUOTE>


        Comment


        • I'll give you some examples of horsepeople assuming the risk.

          Example A - foxhunting. When a rider sees a hazard, they warn the next rider by saying, Ware wire. Or Ware Hole, Ware Emu (yes it happened) - basically beware of a hazard. And we're supposed to do this so that the rider behind us has time to avoid the hazard or at least prepare for it.

          We're galloping through a hayfield and the rider in front of me says - way too late for me to do anything - WARE DITCH. My horse trips in the ditch, I go flying in the hair, land on the side of my face and slide 20 feet to a stop. On my head.

          Who's at fault? No one. We're both horsemen, we know the risks - and we take them.

          Example B :My well trained, well behaved, draft cross (drafts and crosses are known for being quiet and friendly), has a horrible fit one day when loading on the trailer. Rearing, bolting, etc. So I put a chain over his nose, hoping to at least stop the rear before it starts. Result? He flips his head (hardly even trying), spins, and bolts. Rope gets around his leg, pulling his head down (the chain is still on his nose), rope loosens, then this 1400lb horse STEPS on the rope. Pulls his head up - chain on the nose - and the chain rips up all his skin. Horse freaks out.

          I finally am able to calm the horse down. He's bleeding everywhere. May I say that I am 5'9",180lbs, a former Army soldier, I'm a big girl and strong.

          This horse barely had to flip his head and he was gone.

          Trust me - the chain theory is a bunch of crap. If any horse decides to leave - they leave. "expert horsemen" or not.

          But the nephew knows that. Filly probably has a better head on her shoulders than the nephew does.

          I just don't know how you're going to convince a jury that a chain shank is like a dog leash. It isn't. And the further people get away from the land, the more they don't understand things like that.
          Brothers and sisters, I bid you beware
          Of giving your heart to a dog to tear.
          -Rudyard Kipling

          Comment


          • This thread is excruciatingly long, so here is my 2 cents:
            Under Michigan law, are barn owners required to have a liability notice posted in full view? Would that be of any help iin this case?
            www.savethehorses.org GA Horse Rescue
            http://community.webshots.com/user/seahorsefarm

            Comment


            • The filly "has a screw loose" in the same way that a 2 year old human "has a screw loose" - there hasn't been time to torque it in yet.

              It may be of help when talking to the jury (esp if there are parents) to remind them how children can be irrationally afraid and surprisingly strong and either hurt the adult or writhe away. A young filly is unpredictable in the same way.
              If you are allergic to a thing, it is best not to put that thing in your mouth, particularly if the thing is cats. - Lemony Snicket

              Comment


              • I have one question is this the Aunt's biological nephew or her husband's biological nephew. The reason I ask is becuase I just went something like this.

                I hired my new husband's nephew to help his Uncle on my farm. It resulted in a nightmare. He asked for 2 bales of straw and I said okay just take them. The next thing I know I get a registered letter from someoone I did not know that I owed them 1,000 bales of straw.

                I ignored the letter and again recieved another registered letter saying that because I had not delivered 1,000 bales of straw they would be taking me to court.

                Finally, after having the state troopers visit me about this. I learned that this was a dope deal gone bad. My husband's nephew did not pay his drug bill to this person. So this person thought I would pay him the money instead of deliverying the straw. It was a mess!!!!

                When I refused to pay this guy he actually thought he could sell the straw for the money the nephew owed him. Little did he know that the 1000 bales would bury his trailer and yard and probably his neighbors too!

                It did costs me some money for a lawyer to clear this up. I have learned my lesson. I do not hire my new husband's relatives!!!

                Comment


                • I haven't read this whole thing, but here's my initial thought after reading the OP:

                  Why was the nephew running around loose in the barn, unrestrained and without a chain over his nose?

                  Comment


                  • <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by J Swan:
                    Filly probably has a better head on her shoulders than the nephew does.
                    <HR></BLOCKQUOTE>

                    I'd say that's a given...................and she doesn't even have to be a smart filly.
                    In loving memory of Laura Jahnke.
                    A life lived by example, done too soon.
                    www.caringbridge.org/page/laurajahnke/

                    Comment


                    • <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by spotted mustang:
                      I haven't read this whole thing, but here's my initial thought after reading the OP:

                      Why was the nephew running around loose in the barn, unrestrained and without a chain over his nose? <HR></BLOCKQUOTE>

                      In loving memory of Laura Jahnke.
                      A life lived by example, done too soon.
                      www.caringbridge.org/page/laurajahnke/

                      Comment


                      • <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by MAD:
                        If the nephew is right-handed but has an injury to his right shoulder, he would of course grab the lead shank with his left hand. It wouldn't matter if he is right-handed or left-handed. His right-shoulder was previously [permanently ] injured; only his left arm would have been available to grab the shank if we are going with that conspiracy theory.
                        <HR></BLOCKQUOTE>

                        I see; you're contending that this guy, who wasn't smart or fast enough to get out of the way of a "charging" horse, has enough presence of mind to ignore instinct and not try to protect himself/grab the filly with his dominant hand?

                        Uh huh.................................
                        In loving memory of Laura Jahnke.
                        A life lived by example, done too soon.
                        www.caringbridge.org/page/laurajahnke/

                        Comment


                        • As far as this dip-sh$$ nephew goes...HOW does a man with a shoulder injury so bad that he cannot work RIDE ROPING HORSES?? And "green" roping horses to boot?? (as the horse was there for training?) Talk about "milking the system". How in the world can he claim negligence?? As a "horse person" (what an insult to us all) he knew FULL well the risks inherant with horses. IMO, His aunts only negligence was allowing him on her property.

                          I think he jumped in front of that filly, trying to stop her, and play hero, and got hit. OR.. His roping horse kicked the crap out of him when he went into its stall to give him water, and he is blaming it on the filly. What a LOSER.

                          So sad. How did this even get to court??? It should have been thrown out a LONG time ago.

                          Comment


                          • <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by ESG:
                            <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by spotted mustang:
                            I haven't read this whole thing, but here's my initial thought after reading the OP:

                            Why was the nephew running around loose in the barn, unrestrained and without a chain over his nose? <HR></BLOCKQUOTE>

                            <HR></BLOCKQUOTE>

                            I'd pay good money to watch the OP ask this question of the nephew in a deposition.
                            If you are allergic to a thing, it is best not to put that thing in your mouth, particularly if the thing is cats. - Lemony Snicket

                            Comment


                            • You could probably have_______(insert number up to a million or so) experienced horse people tell the tale of how a horse unexpectedly got loose while they were leading it.

                              My apologies if this has been covered....I didn't have time to read all 6 pages of replies.
                              Nina's Story
                              Epona Comm on FB

                              Comment


                              • <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by poltroon:
                                <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by ESG:
                                <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by spotted mustang:
                                I haven't read this whole thing, but here's my initial thought after reading the OP:

                                Why was the nephew running around loose in the barn, unrestrained and without a chain over his nose? <HR></BLOCKQUOTE>

                                <HR></BLOCKQUOTE>

                                I'd pay good money to watch the OP ask this question of the nephew in a deposition. <HR></BLOCKQUOTE>

                                Me too.
                                In loving memory of Laura Jahnke.
                                A life lived by example, done too soon.
                                www.caringbridge.org/page/laurajahnke/

                                Comment


                                • Makes me glad that I have personal liability insurance. What is the world coming to when a nephew sues his aunt because a horse knocked him over!
                                  Equine Ink - My soapbox for equestrian writings & reviews.
                                  EquestrianHow2 - Operating instructions for your horse.

                                  Comment


                                  • one more idea....

                                    given the age of the filly, would it be worthwhile, for non-horsey people, to get a dog trainer who specializes in LARGE breeds in to talk about how easy it is for the large puppies to knock over a child or even adult if they are frightened or even playing? And then somehow relate that (young pup = young horse) to what the filly did?

                                    Most people have dogs, and many have seen playful pups inadvertently knock over someone and understand it just happens. No one would expect someone to keep a Halti or other "restraining device" on a puppy in its own home, and perhaps that can be compared to this situation? The aunt had the "pup" on a leash, but wasn't using a Halti or choke collar -- it was her home, and she wasn't expecting anyone to be around, so why was that wrong?

                                    Just a thought that might translate the "big scary horse" into something people can better relate to...

                                    Comment


                                    • I haven't read the entire 6 page spread on this subject so I apologize if this is repetative ...

                                      If the nephew is a non-horse person (???) and he was in the barn on his own, is he not treaspassing?

                                      Second questions ... why was the stallion screaming? Was the nephew teasing it and possibly the cause of the problem ... was it really the truck noise that caused the filly to bolt?

                                      I can't believe this crap actually makes it to court. Isn't there a judge out there that has the ability to say enough already.

                                      Comment


                                      • Just did some back up reading and this sounds like such a scam. Why is it only we can see this?

                                        Back to my comment about a judge taking a stand on stuff like this.

                                        On the lighter side, I'll assume said nephew is NOT invited for turkey dinner this year?

                                        Comment


                                        • We had a discussion about this type of thing in history today... our conclusion, America is "Sue happy."

                                          There are risks about a barn, this is a fact. This nephew I'm sure has watched a few movies and even while hollywood doesn't always portray things well, they do show that horses can be a danger... how about the horse whisperer, My friend flicka, Animal planet, etc... if he has watched even one of these shows there is no way he could be that ignorant... Even just being a human being, your mom teaches you not to pet dogs you don't know without permission, well, sometimes horses can be dogs, the only difference is they weight at least 1000 lbs more and can inflict more pain. The nephew took a risk stepping onto the facility. Horse farms are dangerous, he needs to drop it, accidents happen and in no way is this law suit justified.

                                          Now, I don't think that I have done a very good job of saying what I am trying to say, but I hope it makes some kind of sense.
                                          ************************************************** **********

                                          "Eventer's do it 3 ways in 3 days"

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