112 SIDELINES NOVEMBER 2013
FOR HORSE PEOPLE • ABOUT HORSE PEOPLE
e
Equine Law
By Lisa Hollister, Esq.
There is no mistake, the facts at issue in any case are important,
but equally important is whether the case has been filed in the
proper court. This is important regardless of whether you are the
Plaintiff or Defendant.
If you are a Plaintiff and you file in the wrong jurisdiction, it can
be dismissed and then be re-filed in the proper court. On the other
side of the coin, if you are the Defendant, and the Plaintiff has
filed in the wrong court and the action is dismissed, there is a
chance the Plaintiff may decide not to go through the additional
expense of re-filing as well as this interruption; offering the perfect
opportunity for the parties to make a “face saving” attempt to settle
the matter. As a result it is particularly important, especially for the
Plaintiff, that the action be filed in the correct court.
Jackson v. Frank, No. C12-03975 HRL (2012
)
Facts
Kathleen Jackson, a California resident, purchased a horse
for her daughter from Andrew Frank, a resident of Kentucky.
Veterinarian and co-defendant, Dr. Wesley Sutter, who is also a
resident of Kentucky, conducted the pre-purchase examination.
The purchase came about as a result of a series of telephone and
online communications. Unfortunately when the horse arrived in
California it was in very poor health.
The Plaintiff claimed that both the seller, Frank, and the
veterinarian, Dr. Sutter, who conducted the pre-purchase
examination, in direct conflict with the representations made
the horse’s health at that time. Jackson brought a breach of
contract, breach of implied covenant of good faith and fair dealing,
intentional misrepresentation, unjust enrichment, negligence and
negligent misrepresentation claims against both Defendants.
Jurisdictional Issues
The lawsuit was initially filed in the Monterey Superior Court
but was removed by the defendant, Dr. Sutter. Before the United
States District Court, N.D. California is both the Plaintiffs’ motion
for remand (sent back to be heard) and the Defendants’ motion to
dismiss on grounds of improper venue (that the plaintiff filed in the
wrong court). Sutter’s motion to dismiss specifically claimed that
the case should have been filed in Federal Court.
Removal to Federal Court would be proper in cases of diversity
jurisdiction. Diversity jurisdiction exists in a lawsuit between
citizens of different states where the matter in controversy
exceeds $75,000. In this case the court acknowledged that the
parties are diverse but the amount in controversy did not exceed
$75,000. Additionally, in cases of diversity jurisdiction there must
be complete diversity of citizenship between the plaintiff/plaintiffs
and the defendant/defendants.
In this case the Plaintiff alleged that she paid $20,000 for the
horse plus $1,000 in shipping costs as well as $2,000 in training
costs. However, Dr. Sutter claimed that with the possibility
of punitive damages the potential damages claimed could
be considered greater than $75,000 and thus the case in the
California Superior Court should be dismissed because it had
been misfiled. Unfortunately, for Dr. Sutter and Frank, the Federal
Court did not agree with Dr. Sutter and remanded the case back
to the state court.
Conclusion
This case illustrates the need to file in the proper location. Had
the facts in this case been somewhat different and the Federal
Court determined that diversity jurisdiction existed, then the case
could have been dismissed and the Plaintiff would have had to re-
file in the proper court. The added expense might have proven too
much and the Plaintiff may have given up.
Lisa Hollister is an attorney
practicing in Cincinnati,
Ohio. Questions for Ms.
Hollister’s column can be
addressed to
.
A Lawsuit over the Health
of a Horse Brings up the
Issue of Jurisdiction
Needy Nags
Gunner is a flea bitten grey 15 hand Lusitano/Arab cross
gelding. He is currently being ridden by a 13-year-old girl.
Gunner is a great horse with potential to do anything! He would
be a great dressage prospect. He also trail rides, rides western
and has been jumped! He is not for a beginner. Gunner has a
lot of energy, but is a good boy at the same time. He is very fun
to ride and is comfortable with a rocking horse canter. Contact
the New England Equine Rescue for more information via their
website at
or call (413) 436-9283. Suggested
adoption donation is $800.
