Monday, April 18, 2011

TNJ........... Little Glitches..............

Part One

I must admit my trust was so fractured at this point, I really didn't trust the settlement offer. Being the first ones to sign that paperwork and then trust that BG and WF would sign it too screamed at my sensibilities. Only knowing that their attorney could be disbarred if the thing was not honored was enough to get me to sign on the appropriate line.

Dave and I signed those papers and then hand delivered them to their attorney's office where we got a copy signed by the receptionist verifying receipt. Even at that my stress did not subside, as I knew it wouldn't, I wasn't going to believe it until the horse was finally home.

It was not one of those things where the papers could be signed and the horse was ours. There was a process to it just like every thing else in this lawsuit. The processes of the law do not flow quickly. The date we were to receive the horse was Sept 15.

The papers had been signed on Sept 7 and the eight days in between seemed to pass at a snail's pace. For days we knew nothing. I had to be content to sit and wait and hope things went as planned. The whole time my stomach flipped and cramped. There was nothing to say the stress was over yet.

It was Sept 11 before we received the first communication from the attorney. The signed and executed agreement and the stipulation filed with the court were included along with a copy of a vet check and an estimated time for delivery on the 15th.

The vet check had been done to protect both parties from claims about the condition of the horse. However, there was a glitch as I saw it. I didn't think the check was done properly because the horse had not been checked for soundness. I knew they had received him in a sound condition and I wanted to be sure the horse was sound now.

Trying to get their attorney to understand that a horse not checked for soundness has not been properly vetted was an interesting task. All she knew was what BG told her. That was the check was done and the horse was fine despite his own remarks that suggested otherwise. I informed her there were no notations for soundness on the vet certificate and when I called the vet to ask they confirmed the horse had not had a soundness check.

I insisted soundness be determined and had to explain to the attorney why that was important to get it done. Once she realized that soundness is a pretty important standard in the industry she made sure that the horse was rechecked to determine soundness.

On the first vet check Storm had a small sarcoid removed from the edge of his right jowel. He had stitches and was on medication. In the paperwork, there was a comment saying "assume you will continue to give him his medications, if needed, and have his sutures removed" which I think was totally designed to be a jab at me and speaks to their "amicable" resolution.

The horse did get checked for soundness as I'd insisted and again BG said the horse was fine as did the letter sent by the attorney who was only listening to what BG said. This was despite notations by the vet Storm had distension in his hind fetlocks and hocks and he had flexed a 2 out of possible 5 on his right front with 0 being totally sound.

Dave and I talked about this situation because we could have cancelled the agreement because the horse was not sound according to the vet's own paperwork. Not being able to see the horse made it hard to know what to think. A 2 was not horrible but it could be only the tip of the iceberg or it could be nothing but a improperly done flexion. There was really no way to know without seeing him or having him examined by my own vet.

I made the decision I would go ahead and take delivery of the horse despite this situation because I wanted him out of there. Even if this did turn out to be something more serious and Storm turned out not to be useful for anything but a trail horse, I still wanted him here. I wanted Dave to know right up front what the possibilities were even if I planned to ignore the vet's findings and take delivery of the horse.

It would be important to note here, their lawyer made a notation in her letter that contents of the vet check were covered under the confidentiality agreement and as such should not be disclosed to anyone not party to the lawsuit. This is another one of those things that shows the woman knows nothing about horses or equine law because there is a section of law that states a settlement offer can not include anything that is not legal.

Since laws these days require full disclosure about lameness AND lameness history in the sale of horses, this report is not covered under the confidentiality clause because the horse was not sound despite what BG claims. The fact the horse had distention in his legs all the way past his hocks and flexed off on one leg are things that must be disclosed to prospective buyers not to mention my vet and farrier (and a trainer if I used one) who need the information to care for the horse properly. I have added both copies of the vet check and BG's emails to his attorney to Storm's file so the information is available if I need it.

What was important to me about this was BG's reaction in both cases. On the first vet check he made a comment to his attorney about the horse's edema in his legs and wrote it off to possibly being caused by confinement to the stall but he didn't have a soundness check done. Then in the second one with a flexion score of a 2 on one leg and detail about the distention in his legs, BG still says the horse is sound and flexed a score of 0 and ignores the information the vet provided.

Anyone who might have read all of this series and still thinks that BG is the horseman he claims might just want to consider his reaction to these vet checks before ever leaving a horse in his care. If the man doesn't think these things are issues, I feel for the horses in his care. For me it's just one more thing that says the man isn't honest and he sure isn't good for a horse.

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

The Ultimate Betrayal........

This is Scandalous Chance and his mother, KG Phadra Rose.

Visit Blog Village and vote daily for this blog Here They are now measuring the rankings by votes out, so if you find my blog on the site, please click that link too to improve my rankings. TY


  1. Beautiful mother and foal photo.

    Obviously he knew the horse wasn't sound but chose to ignore it and lie even after the vet report. I feel sorry for the horse being treated in this cavalier fashion. I'm glad he's home with you and recuperating. How are his soundness issues now that he's getting the proper care?

  2. Good that you got him back! even after all that was done to him. He is in good hands now.

  3. I love the picture. He has such an intense look. Mom is gorgeous too.

  4. I'm glad you finally got him back, and I hope his soundness issues have resolved in your care.
    I hate to say that unfortunately I have come across way too many so called horse people who will disregard veterinary advice. I do think that this is another indication if BG's morals, or lack there of.
    I can definitely understand your reluctance to sign the paperwork first, since pretty much at no point did BG and his attorney do anything to instill confidence. I'm blown away that the attorney tried to get the soundness exam included in the confidentiality agreement. Why would someone not at least look up the basics of a specialty section of the law if THEY ARE WRITING LEGAL DOCUMENTS ABOUT IT! Especially since she was getting paid to do it, and her reputation would suffer if un-enforced. It just boggles my mind. I guess I shouldn't be surprised by anything the other side did considering all they tried to do before. But for some reason this just strikes me as blatantly ignorant, that or manipulative.

  5. I'm echoing GHM- how's his soundness now?

  6. Arlene, at this point it's a hard question to answer. I'll be posting about Storm's issues and his rehabilitation soon but for now it's a work in progress.

    Crystal, I think it's a very good thing he's back here.

    Nicole, I wish there wasn't that shadow in that picture. He's a cool horse and his mom is one of Dave's favorites.

    Not resolved but we're working on it. I doubt this vet gave any advice because it was a check for condition not some problem they called him for. But disregarding a symptom that spoke to possible lameness in the first place and then dismissing the lameness is what got me. How many horses end up chronically lame because minor symptoms were ignored? As for their attorney she certainly knew nothing of equine law which was a good thing in my favor but her ignorance to horses definitely showed in many ways throughout this. Personally I think many attorneys have no idea there are laws specifically written for the equine industry. I do think that pretty much everything done by this attorney was manipulative. I think that's her view of the law, twist and bend it until it works for you and in some ways the laws were written for just that. The unfortunate thing is then precedents are established to make new law that really were never meant to be based on the original law. It is the flaw in our system for sure.

    smazourek, I will have to post about it. He looks sound but I would suspect he would still flex off. It's complicated but I am working him as part of the way to fix it, I hope.

  7. Gorgeous momma and baby! BG needs to pop his head out of his butt if he thinks edema and a 2 on a flexion test =sound. I will agree that swelling ands issues of confinement could scew a result , but at least on the day the soundness exam was done , the horse was clealry NOT sound , you just can't call black ,white

  8. I would have taken the horse back too. He still has a use in life, even if it is never to be what you had originally hoped. Getting him out of there only confirms that there is hope and things can be helped if not fixed altogether.

    As to their attorney, there are probably a lot of them out there like her. Like in every profession, there are the good, the really good and then there's the rest.... It was said many times over, on another blog in the past- not all of them graduated at the top of their class.

    I am loving all of the baby pics. Please keep them coming!