Yep the Carr case was settled with a gag order, but after it the AERC
BOD did get insurance! The Tevis case didn't go much farther since the
AERC backed off. That was 8 to10 years ago. Today people are selling
endurance hores for 100,000 a million bucks and some people make a
significant portion of their income training and selling endurance
horses. Such things are no longer "amateur." I suspect that given this
change if such a person went to court for redress, then the courts
might take a different tone. There is also no guarantee that the "suit
can only be sued in CA" will hold water in the future.
While I am not going to admit to or disagree with the assertion that I
am or am not a "nice" person, it has nothing to do with being nice - it
has to do with legal redress. Today the AERC is a corporation with an
annual income of over six hundred thousand dollars. The AERC is a
corporation with a significant sponsor base. The AERC is no longer a
rinky dink saddle club and can rely on being a small amature sport as
part of its defense. The AERC is involved in an international sport
where prize money is paid. Ten years can make a lot of difference on
how the courts look at something. I suspect and hope the last thing the
AERC wants to do is get embroiled in a law suit.
Truman
PS: Being nice is not important, being a fair person is.
p.s. I don't know Truman at all, but I suspect that despite his assertion
to the contrary, he is also nice enough not to try to drag a bunch of
well-meaning volunteer amateurs into court over something as
inconsequential as the outcome of an endurance ride.
-- "It is necessary to be noble, and yet take humility as a basis
"It
is necessary to be noble, and yet
take humility as a basis.
It is necessary
to be exalted, and yet take modesty as a foundation."
