Not sure if I agree with this ruling. I’d heard that this wonderful mare was foundered by using steroids to treat an injury so she could be run through the bankruptcy sale. Either way it’s a very sad story.
so sad. that was, in my mind, one of the best dressage horses ever bred. a fantastic mare. destroyed due to greed and the almighty $$…
i am really surprised that the owner lost the case. it seems to me to be a pretty cut and dried case.
It’s regrettable this was ruled on simply based on the timing of the filing. I don’t believe the seller should be off the hook.
My, my…well isn’t the horse business just a dirty little deal from top to bottom…
Wasn’t she cloned? And haven’t those clones produces some foals?
Fortunately, lawsuits are not decided on what seems to be the case or beliefs.
alicen are you implying the courts don’t make mistakes? if they didn’t why would their be appeals courts, over turned cases etc?
i dont know much about this case, but i am always suspect when big banks are involved 
mbm, you crack me up. I wasn’t implying anything about the courts, meerly amused by the language chosen by posters in reference to a court case. By the way, the final verdict was through an appeals court.
Was the ruling based on statute?
If it was a “sorry, you filed too late” thing then that doesnt mean anyone was innocent but the question is why did the buyers wait to file? Were they unsure of their own case? In most instances it is the funds holding a party back to actually get a lawyer TO file but that doesnt seem to be the case here so…
Form the Eurodressage article, last paragraph: “In first instance the court denied the claim on 8 August 2007 because the complaint was not filed within the allocated time (within two months of the arisal of the problem). The buyer appealed the verdict but a decision was reached on 6 December 2011. According to the court, the prosecutor was unable to prove that the ING Bank was aware of Poetin’s injury and denied the claim definitively.”
I’ll admit I hadn’t followed this situation that closely, except to be dismayed at her demise. However, the news blip did mention that the final buyer had her insured, correct? Which would mean she would have had to have been thoroughly examined I would imagine? So wouldn’t he have gotten his payout from that?
Of course, that has nothing to do with the lawsuit…
I never understood why her condition wasn’t noticed in the PPE. Surely the buyers did one, didn’t they?
the interesting thing is that i remember the video of the rides right around the time of the auction and she looked off in that video…
Courts follow rules and statutes, so if you don’t dot your i’s and cross your t’s, you lose in court. Lower courts can make mistakes, and do get reversed. But if you don’t file or answer within the statute of limitations, it’s your fault and you lose.
I remember reading in the Chronicle mag that Poetin’s owners hid her after she had the dex shot. Dex shots can cause laminitis. And her hooves sloughed off. :eek:
A sad ending to a beautiful mare. If I won the lotto, I’d buy Posey. (I think she’s stil alive.)
Wonder what happened to her clone, she would be 5 this year.
The “interest” thing was that when Poetin appeared on the executorial sale, she had initially been hidden in a clinic but the bailiff found her and then she was put up for auction.
The mare entered the ring in trot, did only a few rounds and was then walked and halted. The announcer said the mare was not fit and couldn’t show anything more than that…
Isn’t it the (legal) duty of the buyer to find out as much as possible about a horse before you buy it? It was already know at the 2003 PSI auction that Poetin had very poor X-rays. Seems like someone didn’t do their research …
I know I’ll get flamed for this, but one of the “must haves” in a great equine athlete is the ability to stay (relatively) sound.
That Poetin was having such severe health issues at such a young age would be a huge red flag to me in terms of using her as a breeding animal.
All the brilliant gaits in the world are wasted if the horse can’t use them…
It will be interesting to see if her clone suffers from the same issue(s).
