Equine Services, LLC
35644 North 11th Avenue
Phoenix, AZ 85086-8704
Consulting v. Testifying Expert
If you are considering
filing a lawsuit for harm that was done to you or your horse,
consider the following regarding the use of an expert:
Almost every case needs some type of expert to aid the parties
in understanding the horse business.
attorney may wish to consider a consulting expert whose identity
need not be revealed unless their testimony is required. Such
an expert can candidly help the attorney understand the complexities
of the case without having to expose case theories to the opposing
On the other hand, a testifying expert is one who is disclosed
immediately. Such disclosure can help to make a future settlement
conference more productive if the expert’s credentials are
awesome. Please note that the testifying expert is almost always
subject to vigorous deposition examination by the other party’s
Genetic Weakening of Equine Blood lines
from Bill Maybee, Esq., Kalamazoo, Michigan
was highlighted at the recent Conference on Equine Law held at
the University of Kentucky Law School in May, 2006.
Because of the desire to breed for a relatively small number of
desirable traits, closed breeding will tend to lose genetic diversity.
As an example, the relatively small number of Standardbred (Harness
racing) stallions are being used for an increasing number of mares
loss in diversity will result in unhealthy traits showing up more
frequently in development, growth, fertility and viability,”
stated Kenneth L. Jackson of Kentuckiana Farms, Lexington, KY.
Some solutions include increasing the number of breeding lines,
introducing distinct lines from outside North America and limiting
the “books” of over-used stallions.
of Bill Maybee & his "Samba"
used with permission of William Maybe, Esq.)
I recently defended
a horse seller (the veterinarian had his own insurance-paid attorney)
on a breach of contract and fraud claim based on the sale. The
veterinarian was sued for malpractice.
The buyer, a middle-aged woman, who was a novice riding at training
level dressage, wanted to ride at second level dressage.
seller represented that the horse could do “first level”
movements” and much more.” However, no competition
history for the horse was provided.
The seller e-mailed the health history of the horse and detailed
problems with legs in the past, including a prior surgery and
The horse was ridden by the buyer’s trainer, barn manager,
a friend and buyer more than once. All proclaimed the horse a
“good fit” for the buyer.
Unfortunately, the buyer sued the vet claiming the vet had “passed”
the horse for second level dressage. The buyer apparently didn’t
understand the significance of what the seller and veterinarian
had told her before and at the pre-purchase exam.
When confronted with the paper work (none of which indicated that
the veterinarian had “passed” the horse), the buyer
claimed the veterinarian didn’t take the time to “make
her understand” the problems the horse had.
Because of the buyer’s own lack of knowledge, the veterinarian’s
Insurance Co. and seller had to expend significant attorneys fees
to settle the action for “nuisance value,” which was
only a small percentage of the lawyer’s fees.
The moral of the story: Sellers must reveal everything but disclaim
responsibility for suitability for the buyer. Veterinarians must
document (x-rays included) their findings, but specifically disclaim
any representation of the horses’ abilities, leaving that
specifically to the buyer’s trainer.
(Submitted by Michigan attorney, Bill Maybee,
Esq. He may be contacted at
269-345-6185, Kalamazoo, MI.)
NAES' Spotlight focuses this issue on
McQuay on “Mister Montana Nick,”
Photo Courtesy of McQuay Stables)
Tim McQuay the leading
All Time money earner in the National Reining Horse Association,
with over $2 million dollars in winnings to his credit.
has won every major National Reining Horse Association sanctioned
event at least once, including the NRHA Futurity, the National
Reining Breeders Classic, the NRHA Derby, and the NRHA Superstakes.
Tim qualified at least two horses for the NRHA Futurity finals
each year from 1987 to 2000, and in ’94, ’95, and
’96 he brought back all three. In 2000, he was inducted
into the National Reining Horse Association Hall of Fame. In 2001,
even after being sidelined mid-year with a life-threatening illness,
he was still an NRHA Futurity Finalist.
With a worldwide clientele, Tim frequently travels abroad where
he presents reining clinics and consults with horse owners and
professionals. He has won the Italian Open Derby and along with
his daughter, Mandy, he won the ’93 World Cup, representing
the United States. He has qualified multiple horses for the US
Equestrian Team Reining Championship Finals.
Originally from Minnesota, Tim McQuay, his wife, Colleen and daughter
Mandy moved to Tioga, Texas in 1989. Since then, McQuay Stables
has made the north Texas town a focal point for the equine world.
by NAES and used with permission of Home Depot,
North Valley Parkway, Phoenix, AZ and Barb Phillips, associate)
went with Dave to a big building with lots of stuff and humans that
had the same vests on, (Home Depot). I always like to go to these
places ‘cause they give me treats which is good.
After understanding what some humans do in selling horses and not
telling all the stuff they know about their horse, it would be a
good thing if humans gave each other treats, too.
they’d get along better with each other and not have to find
…..of course Dave takes me to see lots of lawyers and they
all seem very nice to me like they pet me a lot.
“ICY” is the Director of NAES Security and is a purebred
Doberman Pincher. She’s soon to be 7 years old on July 21st;
(yes, I’m sure she’d appreciate treats).
Every month “ICY”
uses ESP to communicate with Dave and create articles from a dog’s
point of view since she can’t type worth beans.
tends to be a very practical thinker and looks at life with either
“black” or “white” views. I know she hopes
you enjoy her thoughts as much as she does, since every day is new
and wonderful to her.
newsletter is distributed quarterly.
Dave started NAES more than 15 years ago with an eye to making
sure all horse owners and those interested in horses could depend
on NAES for the straight scoop on horses and prices.
In addition, Dave is one of the busiest horse activity experts
in North America.
of his long history of working with so many breeds and disciplines
he's called upon to give his opinion in literally hundreds of
legal cases and horse appraisals.
Dave is still an active horse show judge and, when time permits,
continues teaching at his wife's nationally known stable, Willoway
Farm, Inc., in Phoenix, Arizona.
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Copyright North American Equine Services, LLC 2006.
All Rights Reserved.