MB update

[MHM]

Who else wondered if the board was down for the last 24 hours or so due to this thread? Lol.

[JanM]

I wondered about that also. However, I suspect just a bad day whoever runs the servers and interfaces.

I have noticed a general slowdown on the internet for the last couple of days.

[erinmeri]

@MHM

Who else wondered if the board was down for the last 24 hours or so due to this thread? Lol.

Who else had a search query to investigate and now can’t recall what that was?

[Long_Time_Lurker]

I believe there is a fairly objective system in place to determine whether someone qualifies as a para rider and what level. Going through that process could help document her degree of impairment (or not).

[Warmblood1]

Permitted impairments per the USEF for para-equestrians:

1. Impaired muscle power (strength)
2. Impaired passive range of movement
3. Loss of limb or limb deficiency
4. Leg-length difference
5. Short stature
6. Hypertonia
7. Ataxia
8. Athetosis
9. Visual impairment
10. Intellectual impairment**
    – **Not included in PE sport, unless combined with physical or visual impairment

Minimal Impairment Criteria
There must be more than 15% loss of function in an area.
Each impairment must be able to be measured objectively.

[smoofox]

@MHM

Who else wondered if the board was down for the last 24 hours or so due to this thread? Lol.

Did not even notice the board was down… but it would not have been because of this thread…

[trubandloki]

@MHM

Who else wondered if the board was down for the last 24 hours or so due to this thread? Lol.

This thread has been pretty quiet so I doubt this thread had anything to do with it.

[ekat]

I was working on this really long answer and I was sure I broke the forum, lol.

First, you need to look at what the lawsuit and counterclaim alleges:

LK’s claims re: MB

1. Her first claim is strict liability, which basically means a defendant is held fully liable for any injury sustained by another party regardless of whether the injury was intended.
2. Negligence: MB et al had a duty to provide a safe and sure location for the guests, business invitees, and social invitees, and/or residents and failed to do so.
3. Assault and Battery (the shooting)
4. Negligent Infliction of emotional distress
5. Intentional Infliction of emotional distress - she claims he bullied, threatened, harassed her, Knowing it would cause injury

MB’s Defenses:

1. His first defense is just a basic denial of liability
2. Defendant was not competent at the time of the alleged incident and, as a result, should have no liability to Plaintiff for her injuries, by reason of Barisone’s mental state and/or condition which included but was not limited to battered-person-syndrome cause by Plaintiff’s campaign of emotional battery against Defendant and/or persons in his care. Direct Quote because he says it well.
3. This is where he raises self defense, or defense of others “including adults, teenagers, children and/or horses” at the farm.
4. LK’s injuries are a direct result of her own acts and omissions, negligence, and recklessness.
5. “Plaintiff’s claims are barred by her own intervening intentional, reckless, malicious, and/or negligent acts, actions and/or omissions.”
6. LK’s claims must be reduced by the principals of comparative negligence/comparative fault
7. LK’s claims are barred due to waiver, estoppel, etc
8. LK’s injuries are the results of acts and omissions by LK or a third party
9. LK’s injuries are the result of LK’s failure to act reasonably, timely, and/or appropriately.
10. LK’s injuries are the result of unreasonable failure to take advantage of preventative or corrective opportunities; her unreasonable failure to avoid harm; and/or her unreasonable failure to mitigate injury or harm
11. MB owes no duty to LK, based on LK’s actions
12. LK’s injuries were not caused by MB
13. LK assumed the risk for the conduct that led to the incident.

I consolidated a couple and skipped a couple that are not that pertinent

MB’s Counter Claim:

1. LK was negligent towards MB, causing injuries and severe stress
2. This is actually about her use of Social Media. LK “intentionally inflicted severe emotional distress upon Barisone; maliciously inflicted severe emotional distress upon Barisone; recklessly inflicted severe emotional distress upon Barisone”
3. LK, by early August, knew or should have known that MB was in an injured mental state, and owed a duty to stop her continued harassment, and didn’t.

LK’s Defense:

1. A whole lot of “Denied”
2. The counterclaim is unconstitutional.
3. Counterclaim is barred by waiver or estoppel (estoppel - your actions are inconsistent with your defense, essentially)
4. Counterclaim is barred by statute of comparative negligence
5. MB failed to mitigate his damages
6. Counterclaim is barred by doctrine of unclean hands(I suck, but you suck worse)
7. Counterclaim fails to join an “indispensable party”. 2 guesses on who LK plans to throw under the bus.

LK is saying MB (and RC and SGF) are responsible for her physical damages, her loss of wages, etc, and her emotional distress.

MB is saying no, LK is responsible for all of that, plus what she did to me, and if I did anything at all, she is comparatively at fault, and I was defending myself and my family.

So, what’s going to come into play:

They both have to prove each other had a duty to the other one based on their claims.

They both have to prove a breach of duty. (I’m going out on a limb here, but illegal recordings and ninjas breaches something).

They suffered financial losses. We’ve discussed that already.

There were injuries. Medical docs prove that (or not).

LK is suing for negligent and intentional infliction of emotional distress. You need documented, usually medical or therapeutic proof of that.

MB gave us a preview of his claim of lack of competency caused by LK and emotional distress in the criminal trial.

So, whose evidence outweighs the other and is more credible is what 6 random jurors are going to decide.

Yes, the jury could decide LK had some injuries and is owed some compensation. They could also, simultaneously decide “Finish the Bastard” worked and MB is owed compensation. Or a whole lot of other possibilities.

(I did say it was going to be a long answer. Sorry)

[Knights_Mom]

This is fantastic! You may have missed the word “lot” in number 1.

[ekat]

Dang it! Thank you.

[DownYonder]

Thanks for all that info!

Also, FWIW - when I am trying to compose a lengthy post, I often do it in Word and then do a copy/paste. I am thinking that may help to avoid overwhelming the platform.

[ekat]

@DownYonder

Also, FWIW - when I am trying to compose a lengthy post, I often do it in Word and then do a copy/paste. I am thinking that may help to avoid overwhelming the platform.

Good to know for the future! Luckily, I had saved most of it in Word before the crash.

[Graymaresrule]

Thank you for this summary

[eggbutt]

Very interesting and really puts the claims into focus! THANK YOU @ekat!

[Virginia_Horse_Mom]

Great post @ekat!

[trubandloki]

Wow @ekat! Thank you so much!

Yesterday when the forum was down I was starting to wonder if Judge T had demanded it be locked too.

[Ambitious_Kate]

@eggbutt

@CurrentlyHorseless

Sure looks like your tagging the three minority players is an attempt to provoke.

Not at all. I was simply curious at the ceasing of what appeared, to me at least, tag team posting the past few days in provocative fashion. Perhaps the absence was simply coincidence. My apologies if I offended you.

I too, was intrigued by their sudden absence, but I wasn’t going to stand in front of the mirror and chant their names three times, either, hardy har har har!

[Sdel]

@trubandloki

Yesterday when the forum was down I was starting to wonder if Judge T had demanded it be locked too.

Maybe it was Miss K and her hacker man.

[Ambitious_Kate]

@ekat

Well that presents a bit of a dilemma on how to get the info to back her claim into the trial. She has to prove the loss, not just by saying so.

Plus there is video of her enjoying her horses and riding, in the background of someone’s lesson, isn’t there? Hard to say how much she can’t ride now, if she’s riding her horses.

[eggbutt]

@trubandloki

Yesterday when the forum was down I was starting to wonder if Judge T had demanded it be locked too.

You should have posted this in the Technical Help thread if the error message wasn’t explanation enough!