Pages Navigation Menu

ON-LINE MAGAZINE & WEB SITE - SCROLL DOWN FOR NEWS

☛ Lawsuit filed in barrel horse case 11-7-17

LAWSUIT FILED IN MADISON COUNTY, TEXAS REGARDING A BARREL HORSE 

 

SAVANNAH ROBERTSON FILES LAWSUIT AGAINST VETERINARIAN CAMERON STOUDT AND TEXAS EQUINE HOSPITAL

By Glory Ann Kurtz
Nov. 7, 2017

On or about May 13, 2016, Savannah Robertson, Los Osmos, Calif., entered into a contract with Michelle Alley, Madisonville, Texas, an agent for Hope B. Martin, Huntsville, Texas, the owner of a barrel horse named Crown N Diamonds, a.k.a.“Cinderella.”

Prior to the purchase Robertson consulted Cameron Stoudt, DVM of the Texas Equine Hospital, Bryan, Texas, to conduct a pre-purchase report on the horse. Relying on her Dr. Stoudt’s pre-purchase report, Savannah Robertson believed the horse was sound and fit for performance purposes.

Approximately three days after Robertson took possession of the horse, Cinderella experienced a “patella lockup,” or an upper fixation of the left hindquarter stifle ligament. The first patella lockup occurred in the round pen and the second occurred while Robertson was riding the mare, causing the horse and rider to fall to the ground.

Thereafter, the  horse was brought to a California veterinarian who identified the locking patella or upper-fixation condition and referred the horse to the Alamo Pintado Equine Medical Center in Los Olivos, Calif. Upon evaluation, the veterinary clinic also identified this abnormality and treated the horse for the patella lockup condition.

Click for Locking patella explanation>>

Robertson realized the horse she had just purchased was not sound due to the locking patella, and would be unfit for barrel racing or any other performance purpose. She notified both the agent Michelle Alley and seller Hope Martin of their violations based on the deceptive sale of the wholly unfit performance horse.

Robertson also learned after the sale that the veterinarian Cameron Stoudt DVM had previously seen and treated the horse on a number of occasions and had given the  horse multiple injections for the stifle lock issue, knowing that the horse was unfit as a performance horse – yet failed to disclose that information. Dr. Stoudt was employed by Texas Equine Hospital.

The purchase turned into several lawsuits filed by the seller and the agent. with the most recent being filed by the buyer, Savannah Robertson, who hired attorney Robert Wagstaff of McMahon Surovik Suttle, P.C. of Abilene, Texas, who sent a demand letter for payment of damages to the seller Hope B. Martin and her agent Michelle Alley on Sept. 30, 2016, stating damages and violations of the Texas Deceptive Trade Practices Act (DTPA), especially  Section 17.46 of the Texas Business Commerce Code.

Court documents state that on Nov. 3, 2017, Robertson, filed a First Amended Original Petition in the 278th Judicial District of Madison County, Texas, against the seller Hope B. Martin, the veterinarian Cameron Stoudt, DVM and her employer Texas Equine Hospital PC stating the “Plaintiff intends to conduct discovery under Level 3 of Rule 190.3 of the Texas Rules of Civil Procedure with the damages sought being  within the jurisdictional limits of the court.”

Click for Texas Equine Hospital website>>

The documents state that the Texas jurisdiction is proper since the parties entered into a contract in Texas, to be performed in whole or in part, in Madison County, Texas. Also, because a substantial part of the conduct giving rise to the lawsuit occurred in Madison County, Texas, and a substantial part of the events and omissions which created this cause of action occurred in Madison County, Texas.

Robertson notified both Michelle Alley and Hope B. Martin of their DTPA violations based on the deceptive sale of the wholly unfit performance horse. Further, it was learned after the sale that Defendant Cameron Stoudt, DVM had previously seen and treated the horse on a number of occasions and had given the horse multiple injections for the stifle lock issue and; therefore, knew the horse was unfit as a performance horse, yet wholly failed to disclose it. At all times she was acting in the course and scope of her employment with defendant Texas Equine Hospital P.C.

CAUSE OF ACTION CLAIMED AGAINST SELLER HOPE B. MARTIN:

In the court documents, Robertson claims Hope B. Martin committed DTPA violations by representing that the barrel horse had “characteristics, uses, benefits and qualities” which it did not and she failed to disclose the information concerning the barrel horse, which was known at the time of the transaction and as such filed to disclose the information to induce Robertson into a transaction in which she would not have entered, had the information been disclosed.

CLAIMED DAMAGES INCURRED BY HOPE B. MARTIN:

Court documents state that on Sept. 30, 2016, Robertson provided written notice to Hope B. Martin, advising her of specific complaints and the amount of damages, including reasonable attorney’s fees incurred as of the date of the letter. Robertson said she suffered economic damages in an amount within the jurisdiction limits of the court, for which it now sues, including but not limited to: the original purchase price of the  horse, the costs of all veterinarian exams, transportation and boarding costs and all other costs association with the sale and purchase of the  horse.

Also claiming mental anguish damages, Robertson sued for actual and incurred damages, mental anguished treble (3 times amount of damages) allowed by law.

CLAIMED CAUSE OF ACTION AGAINST VETERINARIAN DR. CAMERON STOUDT:

Robertson claims that prior to her purchase of the barrel horse, she consulted Cameron Stoudt, DVM, an experienced veterinarian in the Brazos Valley region, to assess the horse’s present and future soundness and any abnormalities that may adversely affect the horse’s ability to perform for the sole reason of purchase – barrel racing.

She claims that Dr. Stoudt made negligent misrepresentations to her regarding the horse’s health, soundness, medical conditions and ability to perform. She claims the vet supplied false information to her, upon which Robertson relied and as a result suffered damages.

Court documents claim that Dr. Stoudt failed to disclose that the horse was not sound, as its patella locked up in its left rear leg, making the horse unfit for barrel racing or any other performance purpose. Robertson said she had relied on the veterinarian’s Pre-Purchase Assessment and Report in her decision to purchase the horse and enter into the contract with Michelle Alley and Hope B. Martin.

The document included the fact that the acts and omissions of Dr. Stoudt occurred while she was in the course and scope of her employment with Defendant Texas Equine Hospital, who the court case claims is directly liable to the Plaintiff for the acts and omissions of Dr. Cameron Stoudt, DVM and The damages proximately caused thereof.

CLAIMED DAMAGES INCURRED BY DR. CAMERON STOUDT AND TEXAS EQUINE HOSPITAL: 

Damages for which Dr. Cameron Stoudt, DVM and the Texas Equine Hospital are liable for include her purchase price of the horse, expenses incurred in the transaction, expenses and upkeep of the horse since the date of the purchase and lost profits and business opportunities for having a  horse that was unfit for its particular purpose: a barrel racing horse. Robertson also seeks recovery of pre- and post-judgment interest and reasonable and necessary fees for expert witnesses, copies of depositions and costs of court, as authorized by law.

Robertson is also demanding a trial by jury for which required fees have been paid. She is asking, “the defendants be cited to appear and answer the suit. Also, she is asking that upon final hearing of the case, the judgment be entered for the Plaintiff and against the Defendants for damages in an amount within the jurisdictional limits of the Cost, together with pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate, costs of court, reasonable and necessary attorneys’ fees and other such and further relief to which the Plaintiff may be entitled at law or in equity.”

Click for court documents>>

 

468 ad

One Comment

  1. This article is ludicrous. Investigation should be done on the buyer and you will learn this persons character as she’s been sued by very well known cow horse organization, without mentioning their name. I’ve known both Michelle Alley and Dr Cameron Stoudt, both are EXREMLY knowledgeable and HONEST. This is insulting to both of them and very unfair to try and give them a bad name. It’s sad there are such people in the horse industry.

Leave a Comment

Your email address will not be published. Required fields are marked *