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☛ Herda status of Auspicious Cat goes on trial 3-11-17

Posted by on Mar 11, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE LAWSUITS, INDUSTRY NEWS, LAWSUITS & INDICTMENTS, REINING NEWS, WHO, WHAT & WHERE | 0 comments

HERDA STATUS OF  AUSPICIOUS CAT GOES ON TRIAL

 

JURY LAYS MOST OF RESPONSIBILITY FOR INJURY OF OFFSPRING ON EDWARD  AND SHONA DUFURRENA

By Glory Ann Kurtz
March 11, 2017

Following a seven-day trial in the United States District Court for the Eastern District of Texas, Sherman Division, an eight-member jury (six women and two men) finalized responsibility of a HERDA-infected foal sired by Auspicious Cat, owned by Dos Cats Partners (headed up by Edward and Shona Dufurrena, Gainesville, Texas), on the Dufurrenas.

The lawsuit was filed by Shawn, Lisa Victoria and Lauren Victoria Minshall, Hillsburgh, Ontario, Canada, the owners of one of Canada’s top Thoroughbred and cutting horse breeding and training operations, vs Dr. David Hartman’s Hartman Equine Reproduction Center, P.A. (HERC), Gainesville, Texas, who sent the semen of Auspicious Cat to the Minshalls to breed to Miss Tassa Lena.

WHO WAS RESPONSIBLE?

According to the jury, the Dufurrenas received 60 percent of the responsibility, with each receiving 30 percent of responsibility that caused or contributed to cause the occurrence or injury of a foal sired by Auspicious Cat out of the Minshall’s mare, Miss Tassa Lena. He was nicknamed “Otto,” and he was born with full-blown HERDA, a genetic skin disease. The disease was discovered when the colt was a 2-year-old and lesions appeared on its body while in training.

Also receiving responsibility were the Minshalls, with 10 percent going to each: Shawn, Lisa Victoria and their daughter Lauren Victoria, for a total of 30 percent. Receiving the least responsibility was Hartman Equine Reproduction Center, who received 10 percent of the responsibility.

The jury was given questions of guilt, with all six parties being found guilty of “Negligence incurring damage.” The Dufurrena’s were found guilty of committing fraud. All other questions regarding Hartman’s guilt were answered by “No.”

Click for verdict>>

Compensatory damages included: 1) The difference in the value of Otto now and what it would have been if not HERDA affected: $30,000; 2) Reasonable expenses related to foaling, raising boarding and training Otto in the past: $28,408; 3) Reasonable vet expenses: $0; 4) Reasonable expenses incurred for caring for Otto in the future, $75,000 and Plaintiffs’ lost profits: $30,000 – for a total of $163,408.

At press time it was not available if  “who’s responsible?” has any relation to the compensatory damages.

THE LAWYERS:

Represented by Aaron J. Burke and Nathan Pearman of Hardline Ducus Barger Drey LLP, Dallas, Texas,  the Minshall’s lawyer was asking for $30,000 for the value of Otto, a high of $28,408 for training and boarding, $233,000 in expenses for training, boarding in the future, plus $3 million in Punitive damages and $165,000 in mental anguish, for a total of close to $3.5 million.

David Hartman, the principal of HERC, was represented by Jeffrey W. Ryan and Caleena D. Svalek of the law firm of Chamblee, Ryan, Kershaw & Anderson, P.C., also of Dallas. William Chamblee was originally scheduled to be Hartman’s lawyer; however, the last minute it was discovered he would be involved in another court case in Dallas and Jeffrey Ryan took over. The firm usually does trial cases for medical cases.

Click for Testimony>>

Click for Auspicious Cat pedigree>>

Click for Miss Tassa Lena pedigree>>

 

 

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☛ An emotional, patriotic weekend 2-25-17

Posted by on Feb 25, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, EQUI-VOICE, FROM THE EDITOR, INDUSTRY NEWS, REINING NEWS, RODEO & BULLRIDING NEWS, WHO, WHAT & WHERE | 1 comment

FROM THE EDITOR

 

A GREAT AMERICAN WEEKEND WITH CONTESTANTS WHO ARE PROUD TO BE AMERICANS!

By Glory Ann Kurtz
Feb. 25, 2017

I seldom write an opinion piece in a Letter From The Editor; however, last weekend I watched two Western events at AT&T Stadium in Arlington, Texas, with an announced close to 40,000 spectators, and heard about two other major horse events held during the same weekend, including the NRCHA’S World’s Greatest Horseman and Celebration of Champions held at the Will Rogers Equestrian Center and the Mercuria cutting held during The Mane Event, a cutting competition held at the South Point Equestrian Center in Las Vegas, Nev. After attending and hearing about these four events, I was moved to write how these events affected me and I’m sure a lot of others, due to the obvious patriotism of the contestants as well as the spectators.

I attended the PBR’s “Iron Man” and watched RFD-TV’s “The American” on television that awarded millions of dollars to contestants in the Western industry at AT&T stadium in Arlington, Texas – home of the Dallas Cowboys.

None of these contestants in any of these events refused to stand and take off their hats during the National Anthem or put their hands over their heart during the Pledge of Allegiance to the Flag. No one took the microphone and spewed hatred toward others, regardless of their color, country, age or association affiliation. No contestants took a knee. No protestors stood outside carrying signs and chanting hatred.

From the huge American flag that took up one whole end of the arena in AT&T stadium, held by youth and competitors, while the National Anthem was being sung, to the introduction of a veteran who had lost his legs while doing his duty to protect this country, they brought a huge lump in my throat and a tear to my eyes, as I’m sure it did to many others.

Contestants helped each other and cheered them on – regardless of their color, religion or the city, state or country they came from. Millionaire cowboys competed on a level playing field with dead-broke cowboys and teenagers. There were competitors from most of the United States, Brazilians, Blacks, Mexicans, Indians, Canadians, Australians and New Zealanders, with many members of various associations across the world – and some were just individuals who loved rodeo. There were World Champions, past World Champions, college students, newcomers, teenagers and even brothers who were all excited to be in the same arena. Obviously, their most prized possessions were the horses they competed on.

One of the most spectacular exhibits of patriotism was held just prior to the NCHA Mercuria cutting Finals held that same weekend during The Mane Event aged events held at the South Point Equestrian Center in Las Vegas, Nev.

Although I was not able to be there, I heard it was above spectacular, so I called Paula Gaughan and asked her to tell me what went on there. I was truly impressed by her response:

“We emptied the main arena and loping end for an hour after the regular show ended. After we got all our opening props in the arena, we opened the doors and people were let into a dark house with very minimal lighting.

After all were seated, the voice of Tom Holt came out of the dark. He opened with a prayer and asked everyone to direct their attention to the loping area. He began with, “I was born in 1777 and went on to describe the places he had been and the battles he had seen, the children he saw every day in their classrooms and the soldiers he had buried and honored. The arena is still dark and at the end of his monologue, he says, “I am your American Flag!”

At that precise moment, a 50-foot flag that had been concealed in the rafters in a piece of equipment, dropped in all its glory, with glitter coming out of it and was lit up with tons of lights – all on the flag!! There was amazement and pride on all the faces of those in attendance. Then another set of lights lit up a 20-foot tall red, white and blue cowboy boot in the cutting pen. Music played with the voice of Tom Holt describing the role of the cowboy boot in the American tradition of the American cowboy – its history and the history of the American Cowboy, who were American heroes.

Then a military version of the National Anthem played and a girl came out of the back of the boot with a huge American flag on a big black-and-white Paint horse and took a lap in the arena. She and the horse had been concealed in the boot during the entire seating, 

Holt then introduced the Mercuria finalists who walked out to a red carpet in front of the boot with spotlights on them. To cap it off, we then introduced Brigadier General David Hicks (nicknamed Trashman) who was the Air Force Commander General in Kabul, Afghanistan. He carried the Crown Royal Whiskey bag with the numbers in it for the draw and shook hands with every contestant as he went to each one and they drew their number. It was all very moving and special!

Now, even though that was all very cool, there was a minor problem in the hydraulics had happened with the girl on the horse. As the National Anthem was playing, they were supposed to slowly rise up out of the boot. You would have first seen the tip of the flag peeking out until the entire flag, girl and horse were atop the boot , where they would revolve through the end of the National Anthem. Even though it didn’t happen that way, no one knew the difference, and it was still spectacular!

The whole opening was possible because of Cotton Rosser of the Flying U Rodeo Company. His son, Reno, and granddaughter Lindsay, who was the girl on the Paint in the boot, have performed this thousands of times and I have had the privilege of seeing it and asked him if he could bring it to us.

But honestly 90 percent of the people there did not have a clue it did not go as it was supposed to. It was meant to be a salute to America – our great country – and honor things we hold dear. I really think we accomplished that. Paula continued, saying that the patriotic show was also to showcase the amazing horses and riders that made the finals of the Mercuria event, especially since there had been eight sets of horses in the go-rounds.

Now, the next problem. How the heck do we top that next year??? It’s back to the drawing board.”

This was the horse world I grew up in; however, when I and my children competed in playdays and rodeos, it was for hundreds of dollars and trophies – not millions of dollars, ruby-studded belt buckles, 100-pound trophies, television cameras, sky cams, monster screens and an audience of thousands of spectators who paid hundreds of dollars to attend and park at the event. But our love of the event and resolve to win in this wonderful country was the same.

For a short time I was back in a world of competitors who had love and respect for their peers, their animals and their country. Although competition and winning was the object, they were all friends and helped each other – and honored our country during the rodeos by the cowboys taking off their hats and cowgirls putting their hand over their hearts while standing and singing the National Anthem and saying the Pledge of Allegiance. God Bless America!!!

Click for Las Vegas video>>

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☛ Three split $1 million at The American 2-22-17

Posted by on Feb 22, 2017 in BREAKING NEWS, INDUSTRY NEWS, RODEO & BULLRIDING NEWS, WHO, WHAT & WHERE | 0 comments

THREE CONTESTANTS SPLIT $1 MILLION BONUS AFTER COLLECTING $100,000 FOR WINNING THEIR EVENT AT THE AMERICAN

Courtesy RFD-TV
Feb. 22, 2017

It was a full day of action and drama at AT&T Stadium in Arlington, Texas.  Three athletes shared a $1 million bonus at RFD-TV’s The American presented by Polaris RANGER and a total of $2 million was awarded to winners at the world’s richest one-day rodeo event.

Barrel racer Hailey Kinsel, a college student, and saddle bronc rider Cody DeMoss, a veteran pro, both came through a qualifying system and won championships. Bull rider Sage Kimzey, who received an exemption and came straight to The American, won the bull riding title. These three each earned $433,333 – $100,000 for first place in their events and a third of a million-dollar bonus.

Kinsel and DeMoss were two of 46 individuals whose road to The American started at qualifying events across the country. Then, they had to finish at the top after four days of The American Semi-Finals in Fort Worth earlier in the week. Five to ten in each event earned the opportunity to compete at AT&T Stadium, the home of the Dallas Cowboys, against 80 invited contestants who are considered the world’s best. Eight champions were crowned.

Bareback riding winner Tim O’Connell, from Zwingle, Iowa, said it best. O’Connell rode Frontier Rodeo’s horse Show Stomper for 90.25 points to win the Shoot Out. The American championship has gone to a bareback rider who has ridden the bay bucking horse the past three years.

“It’s hard to put into words how great this rodeo is and what life changing things it can do for you,” he said when he received his $100,000 check. The three that each earned nearly half-a-million agreed that the money would make a huge difference for them.

“This changes everything,” Kinsel, from Cotulla, Texas said. “But it doesn’t change the way I feel about my horse. God is good, my horse is awesome and this is amazing.”

Kinsel, a senior at Texas A&M, rides a six-year-old palomino mare named DM Sissy Hayday that she and her mother trained. During The American Semi-Finals Kinsel won more than $20,000.

Frontier Rodeo’s bucking horse Maple Leaf has taken saddle bronc riders to the winners’ stage for two consecutive years. Last year it was Iowa’s Wade Sundell. This year it was DeMoss. In 16 seconds, over $1.5 million has been won on this featured bucking horse.

DeMoss hasn’t decided what he’ll do with nearly half a million in winnings. “I guess I’ll talk it over with her,” he said with a grin, pointing to his wife Margie. “This is at the top of my rodeo career,” said the 12-time National Finals Rodeo bronc rider.

Kimzey, a three-time world champion bull rider in the Professional Rodeo Cowboys Association, finished second in the first round to get to the Shoot Out. The first bull rider was Brazilian Claudio Marcelino de Montanha who qualified at an event in his home country and finished first in the semi-finals. He made easy work of TNT Rodeo Company’s Bottoms Up, scoring 89 points. The next rider was former Professional Bull Riders world champion Guilherme Marchi, who came off early.

Then it was Kimzey’s turn. He got on a bull named Uncle Tink, owned by former NFL defensive end Jared Allen, and scored 89.5. The final rider was bucked off and Kimzey earned the championship.

“I love being a cowboy, love everything about it,” Kimzey said. “I love competition, too, and this was a great day. I got to ride against the best guys on the best bulls.”

The talent-filled field in bareback riding, team roping, steer wrestling, saddle bronc riding, tie-down roping, barrel racing and bull riding started with each contestant trying to advance to the Shoot Out Round. The best four go to The Shoot Out and compete once more, with the highest score or fastest time earning $100,000. Both the header and the heeler received $100,000 in team roping. Second place in the Shoot Out was worth $25,000.

When The American started four years ago, this format was created to give rodeo athletes an opportunity to compete at one rodeo for big pay checks. Then RFD-TV raised the bar by adding a million-dollar bonus for individuals who come through the qualifying process and win championships. Over the past four years the event has paid more than $10 million to winners at The American and the Semi-Finals.

Clayton Hass from Weatherford won the steer wrestling. Brothers Riley and Brady Minor from Ellensburg, Wash., took the team roping title. Stephenville’s Marty Yates earned the tie-down roping championship.

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☛ SAFE act reintroduced in Congress 2-22-17

Posted by on Feb 22, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, EQUI-VOICE, HORSE ABUSE, INDUSTRY NEWS, REINING NEWS, WHO, WHAT & WHERE | 0 comments

SAFE ACT TO BE REINTRODUCED IN CONGRESS – AGAIN

Feb. 22, 2017

According to an article by Pat Raia in The Horse, a bipartisan group of Congressmen has reintroduced legislation that would declare horsemeat unfit for human consumption and ban the transport of American horses to foreign processing plants. The bill is the latest attempt to outlaw the purchase and transport of U. S. horses for slaughter.

In recent years, federal lawmakers have introduced legislation that would prevent the transport of horses to foreign process plants and would have prevented equine processing plants from ever opening in the United States and would have banned the transport of horses to foreign plants for processing. This legislation would also have protected consumers from horseman derived from animals injected with drugs and other substances; however, the bill died before getting a vote on the congressional floor.

The bill has been referred to the House Committee on Agriculture, where it remains pending.

Click for SAFE ACT article>>

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Minshall v Hartman trial back on for Feb. 27, 2017

Posted by on Feb 21, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE LAWSUITS, INDUSTRY NEWS, LAWSUITS & INDICTMENTS, REINING NEWS, WHO, WHAT & WHERE | 0 comments

MINSHALL V HARTMAN TRIAL BACK ON FOR FEB. 27

By Glory Ann Kurtz
Feb. 21, 2017

The Shawn Minshall v Hartman (HERC) trial is back on. An order by United States District of Texas Judge Amos L. Mazzant, dated today, Feb. 21, says that the Defendant Hartman Equine Reproduction Center, P.A.’s Emergency Motion for Continuance of Trial Setting and Defendant Hartman Equine Reproduction Center, P.A.’s Unopposed Emergency Motion for continuance of the Trial Setting are hereby DENIED. Therefore the trial will go as as previously scheduled on Feb. 27, 2017 at the Eastern District Of Texas, Sherman Division.

Click for Motion to Continue Denied>>

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☛ Minshall v Hartman trial set for later date 2-19-17

Posted by on Feb 19, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE LAWSUITS, INDUSTRY NEWS, LAWSUITS & INDICTMENTS, REINING NEWS, WHO, WHAT & WHERE | 0 comments

MINSHALL V HARTMAN TRIAL GRANTED EMERGENCY MOTION TO CONTINUE TRIAL AT LATER DATE

By Glory Ann Kurtz
Feb. 19, 2017

An order dated Feb. 17, 2017 by the United States Court for the Eastern District of Texas, Sherman Division, granted the continuance of the Shawn Minshall vs Hartman Equine Reproduction Center case to an undetermined later date following an emergency motion by Hartman’s lead lawyer William H. Chamblee.

Court documents disclosed that Chamblee was unexpectedly in trial in a medical malpractice case in Dallas County, Texas.

The document, signed by Chamblee said, “Because it is imperative that Defendant have his lead counsel of his choosing defend this case at trial and the current trial length was unforeseeable, Defendant emergently requests a continuance of the current trial setting .

Click link for Emergency Motion>>

Click for Order Granting Continuance>>

 

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