The following statements are from Summer Wind Farm and Coolmore, two of the parties in a lawsuit that ended Tuesday with a “no decision” from the jury, as detailed by a previous article in the Paulick Report. Summer Wind was the plaintiff in the case and Coolmore one of the defendants.
Summer Wind statement: Fraud Claims Remain Against Eaton Sales and Coolmore
This trial included more than twenty witnesses and dozens of exhibits over six days of trial. The jury deliberated over eight hours and took their job seriously, which Summer Wind greatly appreciates. Unfortunately, the jury was unable to reach a verdict and rule for either side regarding the misrepresentation of Love Me Only's lameness and the failure to disclose Love Me Only's prior unsuccessful cover. The jury did not reject Summer Wind's claims or dismiss the defendants, but instead was simply deadlocked and could not reach a decision. Neither side can fairly claim victory.
The next step in the case will be for the Court to schedule a new trial on the claims against Eaton Sales, Ashford Stud, and the Coolmore related entities.
Coolmore statement: A Kentucky jury was last night unable to determine whether Summer Wind Farm's case against Coolmore relating to the sale of Love Me Only in 2011 had any grounds or not. Summer Wind purchased the Sadler's Wells half-sister to Giant's Causeway and You'resothrilling for $2.1 million without having her vetted and then tried to return her well after the 48 hour window after sale.
Summer Wind claimed that Love Me Only had laminitis at sale and that this was concealed from them by the sales agent. Coolmore has asserted throughout that this was not the case, that the mare did not have laminitis and this is proven by the fact that she has performed well as a broodmare, going in foal every year since her sale.
The jury heard different views from vets and were shown current video footage of Love Me Only, in full health and moving well. This contrasted with footage of a laminitic mare. Furthermore, the court was told that Bute, a fully legal mild painkiller often administered to footsore horses at sales, could not mask laminitis.
Coolmore believes that Love Me Only is a very fine broodmare, however to have accepted the return would undermine the system of public sales.
The jury failed to reach a final decision even in the absence of key evidence from Keeneland's Director of Sales Geoffrey Russell, on the conditions of sale, which was not allowed by the judge.
Summer Wind's claim for punitive damages against Coolmore started at $10m but in court their legal representatives suggested a figure of $2.1m. Summer Wind made numerous serious allegations against Coolmore which Coolmore has always maintained were false and immaterial.
In an interesting twist one jury member was discharged having being seen in conversation with the prosecution counsel.
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