A small claims court case involving the fluke pregnancy of a Standardbred yearling filly has garnered national news.
The Canadian Press has reported on the recent ruling of a case involving Putnams Snowstorm and three Nova Scotia horsemen.
Bred by Shawn Putnam of Great Village, the grey Force Of Life-Reading Terminal filly was purchased for $10,000 from the Atlantic Classic Yearling Sale in early October 2017 by Emmons Ralph MacKay of Truro and Paul Smith of Wallace. Unbeknownst to all, the filly was two months pregnant at the time. When her pregnancy was discovered months later, the filly's training was halted and her racing career delayed as she delivered a non-Standardbred foal.
According to adjudicator Eric Slone's ruling, MacKay and Smith were seeking $25,000 in damages (although citing losses in excess of $99,000) that included the sale price, training and anticipated earnings for breach of contract and negligence. They claimed breach of contract noting the filly was sold with the intention of racing and negligence arguing Putnam should not have exposed the filly to stallions and should have known that she was possibly in foal.
The ruling states that Putnam was floored to learn of the pregnancy and pinpointed an occasion where the filly had managed to escape her enclosure and was found near a couple of his male horses. Seeing no signs that any act of mating had occurred and believing she was too young to mate, Putnam testified that he was convinced that no harm had come from the incidental exposure and did not believe it even merited disclosure.
The ruling states that Putnam was apologetic and when both parties could not agree on fair compensation, he reluctantly fell back on his legal rights.
The case was ultimately dismissed based on the applicable Conditions of Sale that indicate the "buyer assumes all risk and responsibility for the yearling" and "there is no guarantee of any kind as to the soundness or condition or other quality." The Conditions of Sale also limits Right of Return warranties to seven days from the date of the sale.
To read the complete ruling, click here.