Sunday, March 27, 2011

TNJ............. Working Towards a Plan..........

Part One

Some of the statements in the admissions I hoped would play on the ego of BG. While I had never seen the man as a show horse trainer, he most certainly did. It would be important to put his perception of himself to work for my benefit.

With the amount of time he was claiming horses had been worked, there should have been plenty of time for a trainer of reasonable abilities to get some of these horses into the ring. That just wasn't the case. None of these horses was anywhere near ready to be shown.

It had always been my intent to use this credit for Storm to get young horses started under saddle. Had we stuck to that, I would have been able to get all the horses I needed started going and it would have been easy to determine, the work had been done or not. Figuring sixty days per horse times the number of horses started it would have been pretty clear.

We had wavered from my goals because BG claimed to have people interested in particular horses. That meant horses were being worked beyond that scope of getting them started. Louie specifically had been worked to get the horse into the ring. Going beyond just getting them safe for me to get on made determining how much time had actually been done on each horse more difficult to judge. Not to mention BG's use of numbers instead of actual names made it impossible to say which horses should have how much training. With the horses themselves really my best witnesses it was important for me to utilize what I could to expose BG and WF in terms of training.

To this end I deliberately made statements defining BG's training abilities in a ways that I thought would reflect his view of himself. Because an expert's opinion about the training done was going to be subjective at best, I needed BG to make claims about his training abilities. Those claims would give the expert some specific parameters to use in making judgements about the horses' level of training AND about the quality of that training.

To this means, I composed the following admissions:

40.The long-term goal for any horses trained under this contract was to reach such proficiency under saddle as to be ready to show on the Arabian horse show circuit to increase the saleability of the horse.
41.The term “ready” means that the horse is going in a manner consistent with the class specifications in whatever division that horse might be showing.
42.BG has started horses under saddle that have reached that goal while under his training.
43.With the quality of training provided by BG a horse would be “ready” within the stated “ reasonable amount of time”.
44.“Reasonable amount of time” is defined as that amount of time required by a competent trainer in the Arabian horse industry to produce the desired skill level in a “typical horse.”
45.“Typical horse” is defined as a horse of average athletic ability for the discipline it is being trained in.

There was a specific reason I thought this was important. The expert wasn't going to be able to determine an actual amount of time each horse had been worked. By laying out some terms, I was giving the expert a platform to make a decision. I hoped by having a standard of "reasonable time" for a "competent trainer" on a "typical horse" to apply, the expert would be able to say that my numbers made much more sense than BG's did based on the skill level of the horses.

If that wasn't the case, I expected the expert would at least be able to say under those terms a "typical horse" would be ready for the show ring in 16 months. The expert would easily be able to testify my horses were not only not ready, but nowhere near ready, for the show ring and should be able to determine that each of my horses fit the term of "typical horse."

From there it is an easy leap to my horses training didn't reflect the skill level BG claimed to have for the amount of time he claimed the horses were worked. The expert would easily be able to testify to the possibilities for the discrepancy being either BG wasn't as good as he claims, the horses were not worked as much as he claims , or maybe even both of those things.

This kind of an opinion from the expert would be better than nothing. It would leave a clear question in the mind of the court about what BG said especially if the expert did not see BG's skill level at the same place BG claimed. It was also raise the question about BG's intent behind representing himself as a competent trainer to engage in this contract.

I thought it was equally important that WF speak to BG's skill level too. If she reiterated what she'd said before the contract that BG was not really a trainer, it would support my claim I only wanted young horses started by BG.

I would never had allowed him to continue working those first horses knowing he didn't have the skill to get them finished. Had horses been worked all the time he claimed there would have been many other young horses started here because I would not have allowed him those extra hours on the horses that were already started. That training was for me to do.

There was a problem with BG getting more young horses started. BG's assistant left soon after regionals and he did not replace her. Why did BG do that, and why had WF gone along with it when they both knew BG didn't get on the horses for those first rides and more horses would need to be started to fulfill the terms of our contract?

If WF agreed with the statements in the admissions about BG's skills it would support she was helping to misrepresent BG's skills. I knew my expert would never support his claims of expertise. Why would WF want to be part of a contract that BG couldn't really fulfill if she had no ulterior motives? And why had she made her FB comment sound like I was being ungrateful for what BG was doing for me, if the work could only be less than par?

Either way WF went would raise questions and that's exactly what I wanted those Verified Admissions to do. Any kind of seeds of doubt I might plant in the consciousness of the court about the integrity and intent of either of these two was important.

To be continued..................

Looking to Compare...........

This is another picture of Patriot with Aana. He is about a week old here.

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  1. YOU GO GET EM!! I have been reading along and I am so impressed with your level head. This terrible assalt, on so many levels... bless your heart for hanging in there!!
    God is with you and hH always is!

    To answer your question about how the heck I am going to raise the rest of the $ for the saddle...Um, well, I have another $500 tack to be sold. It is going to the coast with my sissy. I pray it does sell, then I'll have to come up with something for the rest! My buisness is so poor right now..can't even count on the tips!

  2. Very smart line of questioning. Either way they answer gives you more information in what direction their going.

  3. Very cute picture. Love his ears!

  4. He's a cutie. How big did he grow up to be, he looks like he's all legs in that picture.

    Sounds like you did your homework and have laid a pretty good trap for them. Give someone enough rope and they will eventually hang themselves with their dishonesty.

  5. Well done, I can imagine this if not the prior info made them realsie you were not to be trifled with

  6. I can't help but wonder what their attorney's expression was when all of this started unfolding?

    Can you imagine having to represent those two and probably pretty much being blindsided with all of the info you are nailing down with precision?

    I actually feel kind of sorry for her.

  7. Gosh this story really has me by the seat of my pants ....cant wait to hear the outcome. Good idea to have the questions raised

  8. Sounds like a decent plan, with the expert coming in and explaining it all.

  9. Check out those long legs on Patriot! Are you sure he doesn't need an oxygen mask? What a cutie.
    Obviously BG couldn't even fulfill his part of the contract with one horse, much less the half dozen or so that you were entrusting him with.

  10. So how many horses did he work with that you now feel comfortable getting on that you didn't before? Did you got anything at all out of the months you worked with him?

  11. allhorsestuff, thanks for the encouragement. You're right about this being a terrible assualt on many levels. It certainly took it's toll on me and my family.

    Business is poor all around. I hope your sis gets the rest of your tack sold.

    Nicole, I knew I had to get them to commit to something. It really didn't matter what as long as it was specific.

    Patriot does have very cute typey little ears, among other things. He is one pretty boy.

    Arlene, Patriot is not mature yet but is about 15.1H and still has a mile of leg under him. I wouldn't be surprised to see him reach Dandy's height.

    I was definitely hoping these admission would do the trick. Some of them looked quite innocent but each had a specific reason.

    fern, I don't know what they thought about these but I know they sure got their lawyers attention.

    BECG, I think my requests really caught her off guard. I felt a little sorry for her too. I'll bet if she ever sees another horse case she will think twice about how simple it looks to her.

    sally, I think the more doubt I could raise the better off I was. They tried to make it look like it was so simple and there was nothing simple about this case.

    Crystal, I figured the only one the court would really trust was the expert. Not knowing anything about horses, there was just too much to expect the court to learn and it was going to be too time consuming to show them videos and stuff of lunging, riding, long lining etc. The expert was very important in this role.

    Ms Martyr, yes, Patriot was and still is quite leggy. Still some growing to do for that boy. I can just see him snorting at an oxygen mask. LOL

    Looking back it's pretty obvious BG would never have been able to fulfill the terms of this contract.

    smazourek, good question but not a simple answer. I will post specifics about the horses at the end but I can tell you it's not good.