MB update

[Warmblood1]

@jvanrens

Considering her posting online about doing Pilates, yoga and riding up to 4+ horses every day before swimming in her pool everyday, I’m not sure how she will be able prove much of an impact on her quality of life.

Agreed. I read a YT comment stating she was following and living her dreams IRT riding. I thought all of this was really odd, detrimental and contradictory to say in light of the civil trial.

[Knights_Mom]

@SierraMist

When determining the damages for pain and suffering in the State of New Jersey, a lawyer cannot suggest the amount of pain and suffering to award to a plaintiff. Rather, the jury must determine the compensatory amount base upon many different factors, including:

• The injuries changed or affected the extent of the victim’s life;
• Any impact the injuries had on the plaintiff’s personal or professional life;
• The impact of the injuries upon the mental health or emotional state of the victim;
• The extent to which the victim’s injuries have negatively impacted their activities of daily living, lifestyle, hobbies, recreation, marriage, sleep, or general well-being; and
• The long-term consequences of these injuries on the plaintiff’s life.

As to physical long term consequences - permanent scarring and disfigurement, partial loss of a lung, long term consequences due to reduced lung capacity

The left lung is divided into 2 sections. If one half is removed the other grows into its place. Diminished capacity is minimal.

How do I know? I happen to have half a left lung. My doc explained this to me prior to my surgery while telling me of his other patient who was a marathon runner who immediately returned to running.

[Virginia_Horse_Mom]

Whoa. That’s fascinating and pretty amazing.

Thanks for sharing!

[CurrentlyHorseless]

@Virginia_Horse_Mom

I also think the fact that the Kanarek matriarch has a first name beginning with K just led to lots of usage of the letter K. Such as Klan Kanarek, instead of Clan Kanarek.

Given how overwhelmingly progressive and liberal minded the vast majority of COTH posters are… I’m quite confident no one meant anything related to the other notorious and evil K related organization.

How very odd. I’m quite confident that the intention was to attribute the hate and evil of the Klan to the Kanareks. Otherwise, why not say “K clan”?

[ekat]

@jvanrens

Considering her posting online about doing Pilates, yoga and riding up to 4+ horses every day before swimming in her pool everyday, I’m not sure how she will be able prove much of an impact on her quality of life

Meanwhile…let’s take a look at those in light of MB’s counterclaim:

He actually had a business and income. That’s been wiped out. TBI, from which he still suffers, per Dr Simring’s testimony. God only knows what scars he’s got from the dog bites/puncture wounds. He’s left-handed. Wasn’t it his left arm that was broken? Who knows what loss of use he has there, in relation to his business and ability to handle horses. Yes, he can still draw, amazingly well, but that’s not the same.

And then there’s the whole matter of his mental health.

If he can prove that she was the proximate cause of his injuries, how that plays to the jury will be very interesting indeed.

[erinmeri]

@Virginia_Horse_Mom

Yup.

I also think that the various recording devices she placed around the farm played a key role in how rapidly this mess escalated in July and August of 2019.

She must have heard multiple conversations with multiple people, all talking about how much they disliked Lk and RG, and just wanted them to go.

What I find so odd, is that if I heard things being said about me? I would be trying to 1) reconcile the situation or 2) get the eff out.

Granted, I have anxiety and depression, so my instinct is “someone is talking about me and I must suck” or “they hate me and they are right”.

But I would think that most normal people would not double down when they know or suspect they are unwanted.

Edited grammar because it made me feel like I suck. See??? (“get”, not “getting”!)

[jvanrens]

@SierraMist

But it seems to be used in a derogatory sense, implying The Klan. Just an observation.

More like alliteration as far as I’m concerned. Guess I just don’t go looking for more things to be offended by.

[Fiesta01]

@Virginia_Horse_Mom

One would assume Schellhorn would have zero interest in disputing it. Might he coordinate with the AK professionals in the lead up to the hearing though, and speak with them as they are preparing the report? That I don’t know… but it seems possible.

I would think that would be unethical. The report from AK should be based solely on the observations of the doctors. Anything the prosecutor could say to them would be the equivalent of “witness tampering.” IANAL, so just MHO.

[Knights_Mom]

[Angela_Freda]

Also a thought

[Virginia_Horse_Mom]

@CurrentlyHorseless

How very odd. I’m quite confident that the intention was to attribute the hate and evil of the Klan to the Kanareks. Otherwise, why not say “K clan”?

Oh… I think it’s a just a matter of convenience. It’s easier to type Klan than K clan.

[Virginia_Horse_Mom]

@Fiesta01

I would think that would be unethical. The report from AK should be based solely on the observations of the doctors. Anything the prosecutor could say to them would be the equivalent of “witness tampering.” IANAL, so just MHO.

Interesting perspective.

[Fiesta01]

@eggbutt

Schellhorn seemed so stiff, uncomfortable and unapproachable.

Can’t really blame him with the “star” witnesses he had.

[gailbyrd]

Just a FYI, the lung itself doesn’t regrow, the remaining lobes expand to fill the space.

[Knights_Mom]

@gailbyrd

Just a FYI, the lung itself doesn’t regrow, the remaining lobes expand to fill the space.

Yes I know that.

[Virginia_Horse_Mom]

@jvanrens

More like alliteration as far as I’m concerned. Guess I just don’t go looking for more things to be offended by.

Shame shame shame on you for not thinking more intensely and critically about the possible interpretations and associated implications of a shorthand joke!!!

[jvanrens]

Since I’m Canadian, I’ll just say, Sorry eh!

[erinmeri]

@jvanrens

Considering her posting online about doing Pilates, yoga and riding up to 4+ horses every day before swimming in her pool everyday, I’m not sure how she will be able prove much of an impact on her quality of life.

Where do I sign up?

[Virginia_Horse_Mom]

@ekat

Meanwhile…let’s take a look at those in light of MB’s counterclaim:

He actually had a business and income. That’s been wiped out. TBI, from which he still suffers, per Dr Simring’s testimony. God only knows what scars he’s got from the dog bites/puncture wounds. He’s left-handed. Wasn’t it his left arm that was broken? Who knows what loss of use he has there, in relation to his business and ability to handle horses. Yes, he can still draw, amazingly well, but that’s not the same.

And then there’s the whole matter of his mental health.

If he can prove that she was the proximate cause of his injuries, how that plays to the jury will be very interesting indeed.

Sooooo… what you are saying is that by pursuing her claims, LK seems to be exposing herself to substantial financial risks with his potential counterclaims.

That’s how I am thinking of all of it.

I guess she does now have a house in Florida. And… the rest of her income/assets may be entirely protected via a trust. We don’t really know.

So I guess she could always go the bankruptcy route if the lawsuit ends poorly for her, and still keep her house.

But she would probably have to sell a few horses. If they are actually in her name. Maybe JK is the owner of record though? I don’t know.

[Fiesta01]

@Virginia_Horse_Mom

Maybe that friendliness and support was of a more limited nature than what she represented…

I’m shocked! Shocked, I tell you!
/s