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CALGARY — For a decade, Paul and Brenda Mitchell have been saving healthy horses from slaughterhouses, but now their Alberta ranch may itself be in need of a rescue if a $5.6-million lawsuit filed against them goes ahead.
A relative, who says he was seriously injured when he fell off a horse at the Mitchell Centre for Equine Rescue and Education near Vulcan, about 120 kilometres southeast of Calgary, filed a negligence claim against the non-profit charity this month in the Alberta Court of Queen's Bench.
“That would bust us,” Mr. Mitchell said Wednesday, when he learned about the lawsuit.
The centre, which has prevented about 1,700 horses from being slaughtered by taking them in and finding new homes, has long been working against the $60-million-a-year horse meat industry, which sees tens of thousands of animals killed in abattoirs across the country, largely for human consumption in international markets where horsemeat is considered a delicacy.
“It's always worrisome every time you have a person come out [to the farm],” Mr. Mitchell added. “Even if you have them sign a waiver, under the law, that's no guarantee that they're not going to turn around and sue you.”
Stephen Battler, who lives in Oshawa, Ont., with his wife, Judy Young, and their son, Shayne, travelled to Alberta two years ago to attend his father's funeral. While here, Mr. Battler, a tall, lanky metal fabricator in his 30s, visited his uncle and aunt's farm, along with some other relatives, for a day of riding on Sept. 4, 2006.
According to the eight-page lawsuit, Mr. Battler went riding in an outdoor paddock without instruction or supervision on a horse given to him by one of the Mitchells' teenaged children.
“[Mr. Battler] began to ride in a careful and controlled fashion when suddenly and without warning the horse began to behave in a dangerous manner and bucking uncontrollably,” the lawsuit alleges.
“At the direction of the defendants, he attempted to dismount the horse and suddenly and without warning, the horse accelerated and the plaintiff was violently thrown to the ground,” it claims.
The lawsuit alleges that Mr. Battler suffered serious injuries including a fractured pelvis, blood clots in his chest and permanent nerve damage below the right knee, as well as torn muscle and ligaments.
“These injuries have been accompanied by great pain, suffering, and profound shock,” the lawsuit states, noting that Mr. Battler's enjoyment of life has been diminished along with his ability to work.
The suit, which names the Mitchells as well as their children, Catherine, now 18, and Ty, 17, alleges they failed to provide proper instruction or protective gear, allowed the horse to be a danger to the public, employed “incompetent or inexperienced staff” and saddled the horse with “faulty or dangerous tack.”
It claims $5-million in damages and alleges that Mr. Battler's wife and son have also suffered losses for things, including care and companionship, and should be entitled to $500,000 and $100,000 respectively.
None of the allegations have been proven in court. No statement of defence has been filed, but Mr. Mitchell offered a different version of events.
He said the family saddled up Strider, a seasoned 4H-club quarter horse, which at 14 hands, three inches (one hand is four inches), is barely tall enough to not be considered a pony, for several relatives to take turns riding.
Mr. Battler, he said, was the third rider to jump on, but failed to lengthen the stirrups, which made him look like a jockey in the saddle.
“He was told not to get on the horse with the stirrups where they were. He hadn't ridden in a number of years and he tried to race the horse, made a turn, hit a straw bale sideways when he came off,” Mr. Mitchell said.
“The horse is only as good as the rider and that's a perfect example,” he added.
An ambulance took Mr. Battler to a Calgary hospital, where he underwent surgery.
Ever since, discussions between insurance companies have failed to settle the matter. The Mitchells can't believe how a family get-together to remember a loved one has now roped in the courts.
“It's all been very messy,” Mr. Mitchell said.
When reached by phone, Mr. Battler did not offer further comment.
