New filing on ecourts re MB

[Danvers]

[Boyd Martin](https://www.facebook.com/BoydMartinEventing?cft[0]=AZWPXwmpPLB9iGZy37luLen63C1CqFSz64GAm-q5xWOsc1W2ypqza8tC46MjXmCVNVu3U0OjKENSvIhXR_lLL–yYAthqfExO_kki7hI_LSL-Nb-glWbUoa0TNJU3HB-mPCwRf2B4t9nP9KYC-nKnMztPTkw83TluKWgo ·

Took Nox and his best bud Hunter to the [Philadelphia Flyers] game. They made me promise to rip my shirt off in celebration if they scored a goal in overtime. 5 second to go, the Flyers nailed it! Silva was sent this photo from one of her friends who couldn’t help but notice some rowdy fans…

Boyd has Tattoos!!!

[CurrentlyHorseless]

@smoofox

@CurrentlyHorseless

Thanks for pointing out that on the morning of Aug 5, Tarshis emailed them saying Barisone would start the eviction process and that the response of RG/LK was to decide to give Barisone a date after the horse show (10 to 14 days away?) when they would vacate, rather than go through the eviction process. That text was sent the evening of the day Tarshis first mentioned eviction to them.

Later on Aug 5, Barisone made his speech at the police department, saying that LK/RG had been told to leave that day, Aug 5 th.

If Barisone had told or asked them to leave prior to the Aug 5 date, why would he have specified the Aug 5 date at the date he asked them to leave?

You have zero evidence of “much discussion about them leaving” prior to the 5th.

Oh please. LK is her own evidence. She knew she was asked to leave. She was all over Facebook waaaay prior to the 5th moaning and bitching and whining about how badly she needed to get her horses moved out as she was being forced out/bullied and was So Very Afraid (not). She declined all the offers to haul horses as her dramatic act was all for show and she had ZERO intention of leaving. She also posted that she was going to “fix” everything (or words and threats to that effect) and bragged about solid gold bombshells.

The 5th was when push finally came to formal shove and eviction was forthcoming.

If Barisone had told them or asked them to leave prior to the 5th, why did he say that they had been asked to leave that day, the fifth, at the police station?

If Barisone had told them or asked them to leave prior to the 5th, why did MHG send the text message around that time saying “we haven’t asked them yet”?

Barisone was in the midst of a mental breakdown and not acting rationally at that point. I think Tarshis stepped in with the eviction notification when it became clear Barisone was not acting rationally. Barisone’s plan of harassing them until they begged to leave was counterproductive.

[Knights_Mom]

Wrong.

[Angela_Freda]

@Sdel

She was digging around in his office and accessing his documents on July 11th and claiming that the fact that he took her to Gladstone on the 25th (where she was recording and got “solid gold”) meant everything was great….

Meaning she was recording… Who?
Recording them Doing what?
While at or on the way to/from Gladstone?
Yikes

[Knights_Mom]

Trying to defend the indefensible never works.

[lazaret]

So, I can take a shot here - and without reading the policies in question, this is just a guess.

A “reservation of rights” basically means that the insurer is agreeing to provide a defense without agreeing that they actually have any responsibility to cover you or the event in question. If RC properly tendered a demand for defense and indemnity, she may have “triggered” coverage where Barisone himself did not do that properly. It’s really hard to tell without seeing the documents.

For example, in my state, an insured who is requesting coverage merely has to prove there is any possible potential that they could be covered, where in order to deny, the insurer has to prove the absence of any such possibility.

What usually happens in this situation is:

1. Once a claim exists (can be a criminal complaint, civil complaint, or simply an event eg police presence or notice from an attorney of intent to file) the first thing the lawyers will do is issue tenders (demands for defense and indemnity) to any parties with which they were contracted (often these are also codefendants) and any and all insurance carriers that may be in play - their own, that of codefendants, and anybody else including anyone downstream where any of the parties may have been a named insured.

2. Once those tenders have been sent to everybody under the sun, the insurers will respond back with either a letter of coverage, a reservation of rights, or a denial of coverage. These documents will contain the specific provisions in the policy that the insurer is alleging do or do not cover the situation. Under a reservation of rights, the insurer is basically saying “you might be covered, but we reserve the right to say that you’re not and recover from you in the future if we determine that you’re not.”

If I were a betting person I would bet this situation exists based on a technicality. I did some research and NJ is a “four corners” state which basically means the duty to defend is determined based on the allegations in the complaint at issue. At the time the tenders were issued, one party may not have had a criminal or civil complaint yet while the other party was already under arrest. The technicality may in fact be that the contract provisions held that the exclusion was for acts of an insured, which RC was not and therefore the policy actually does bind.

Insurance is a pain in the a** and is often counterintuitive. There are attorneys whose sole speciality is litigating insurance coverage on behalf of insureds.

[Knights_Mom]

Imagine the lunacy of having to evict a boarder and house guest. Although at court roommate evictions of a house guest who wouldn’t leave did happen a few times. Maybe 4. In all my years doing that.

Generally speaking, people go when asked to leave. They don’t Finish The Bastard.

[erinmeri]

Thank you! This sounds complicated. It will be interesting to see how it plays out.

[trubandloki]

Thank you @lazaret for trying to make something very complicated so much easier for us to understand.

[hut-ho78]

Per RG’s injury on the thread Barisone-New Thread, @Sdel, @rothmpp, @Ghazzu, and @EADoug all opined that RG’s hand with and without bandages looked like their broken hands and/or surgical bandaging.

How would MB’s face be so bruised and RG be unscathed except for a slide bite? How would a slide bite extend beyond the extension of the slide?

I’ve fired a few automatic handguns. Neither I nor my buds received slide bites. There were safety briefings involved. I’ve always preferred revolvers, easier to clean and, to me, easier to shoot. That is mainly because breaking down a 45 automatic to clean was a bear with the spring. If I didn’t cut my nails prior to cleaning, I usually broke one if I didn’t.

[Ghazzu]

The Song that Never Ends

[eggbutt]

@Unfforgettable

So here are a couple of pics I just took of my Ruger. Slide closed, and slide open.

.

[erinmeri]

I think it’s really funny that a few posters are making some pretty ridiculous assertions, and really mind boggling that we are revisiting that old canard that LK wasn’t asked to leave prior to August 5th.

Anyone who has spent any significant time in the horse business at a certain level will know that:

1. Importing a horse takes time, even under the best of circumstances. It’s quicker if it is a healthy gelding, less so if it is a healthy mare. It’s not quick at all if there are any question at all to health. If you purchase, say, a young stallion but want to geld it before import, longer. If you want to collect then geld, even longer. I won’t even get into importing a stallion, because LK has no business riding one from what I can see. Anyways, I know people who have owned a horse for months prior to its successful arrival at their farm. And we have all seen the importation horror stories regarding delays and horses who never arrive because of issues.

2. As such, MB could have agreed to the horse coming prior and was no longer amenable by the time the horse was en route. When did he say yes? When did she purchase? When did it leave Europe? How long was it quarantined? We simply don’t know the timeline, and there are many variables.

3. Expanding on that, there is no way to know when LK floated the idea of importing another horse, unless I am forgetting. MB could possibly have even said yes when LK was just floating the idea - many, many months prior. It often takes time to find the right horse, even if you don’t fly over and try them. Maybe the broker (I forget her name) knew LK’s type and already had one that fit. I doubt it. He could have said yes before or at the start of her search, and who knows how long that search took.

4. I know of precisely zero barns that would not make you pay upfront for the month, even if you were unwanted. Until your horses are off the property, they need to be fed and cared for. Margins are thin, and nobody is going to foot the bill for housing one, much less 4-5, of them before you actually skedaddle.

5. The idea that SS would even raise an eyebrow about some supposed “power imbalance” between MB and MHG is utterly hilarious. These are two consenting adults who are both professional riders. Sure, the older male one has seen more success to date than the younger female one, but… so what? Hell, it seems like half the marriages in this business (at least the H/J world) are between trainers and their former students, working students, clients and assistant trainers. I am exaggerating, of course, but my point is that I could post a list a mile long of romantic couplings that are potentially eyebrow raising (to gossipmongers, not SS)… unlike this one, which is par for the course… and LITERALLY NOBODY CARES. Unless one of the two consenting adults complains, whose business is it anyways?

I am sure I am forgetting more things posted by a select few (or one?) that could be easily rebutted by anyone who has a modicum of knowledge of competition horses and what comes along with owning, boarding, riding or training them… but it’s been a long day.

Thanks for the laugh, though! These wild assertions really prove how little certain people know about this sport. Hilarious!!

[hut-ho78]

@EADoug

Barisone- New Thread

As much as I despise RG, it looks to me like stockinette over a bulky hand bandage. I dabble in hand therapy (as an Occupational Therapist) and this does look like a surgical bandage. What for? Can’t tell you. But I’ve 100% seen people walk into the clinic with this in the weeks after surgery. ETA: And yes, I sometimes judge the surgical nurse’s wrapping skills and think they need to up their game at times

[hut-ho78]

@Ghazzu
Barisone- New Thread

[hut-ho78]

@Sdel
Barisone- New Thread

[hut-ho78]

@Sdel

Barisone- New Thread

Not sure… but based on my hand, it looks similar to the pictures I have of my hand. I could bend my fingers too, it’s just you weren’t supposed to because the way the tendons work in the hand it would pull the break apart. [image] That is my hand the day after surgery, you can’t tell much, even up close…

[hut-ho78]

@rothmpp

Barisone- New Thread

My hand surgery has a incision running perpendicular to that, but I was casted for 4 weeks post surgery so I never saw it until they removed the cast. I had an excellent surgeon and 3 years post op I’ve have to point it out to someone to see the scar. I had dissolving stitches, but three weeks seems like a long time to have stitches still in the hand. I don’t know that that photo is clear enough to know exactly what that line on RB’s hand is supposed to represent. I do remember seeing that phot…

[CanteringCarrot]

@hut-ho78

I’ve fired a few automatic handguns. Neither I nor my buds received slide bites. There were safety briefings involved. I’ve always preferred revolvers, easier to clean and, to me, easier to shoot. That is mainly because breaking down a 45 automatic to clean was a bear with the spring. If I didn’t cut my nails prior to cleaning, I usually broke one if I didn’t.

Just came here for this portion, so I snipped the rest. Neither you nor your buds revived slide bite. Alright. Cool story. I haven’t either, but other people have. It does happen.

I don’t know what a .45 has to go with anything here since one wasn’t used here and it isn’t the only caliber to choose from. I don’t find cleaning that much of a bear, but to each their own.

As for safety briefings. This is the US of A. Damn near anyone can get their hands on a gun, safety briefings be damned!

Anyho, if an injury looks like slide bite, it could’ve been slide bite. It also could’ve not been slide bite.

So you’re experience isn’t so relevant here, but a guess a somewhat relevant anecdote nonetheless? I dunno.

[erinmeri]

@hut-ho78

How would MB’s face be so bruised and RG be unscathed except for a slide bite? How would a slide bite extend beyond the extension of the slide?

Didn’t LK testify that they beat him with phones? Phones could protect your hands.

Ultimately, who knows what else they beat him with. Hands are not your only weapons. Feet, knees, elbows… and that’s just your person. There were all kinds of other weapons around and since the cops didn’t collect the obvious forensics, do you really believe they checked every chair, stone, brick, or god knows what else was lying around that (if my memory serves) trashy looking yard? I doubt it.

The relevant point is his injuries aren’t consistent with someone who beat another person with his hands. They are more consistent with someone who fired a gun.

His injury isn’t consistent with using his fist as a weapon to beat someone. And that explanation for the injury doesn’t hold water.