Exam T
Test your knowledge of equine law. by Attorney Krysia Nelson
Working Students Gone Awry
erri Trainer is an Olympic veteran who has, over the decades, proudly supported a handful of
“working students” at any one time. Historically, some have been better than others, but Terri en- joys teaching and mentoring. Having been a work- ing student in her own youth, she appreciates the value of the experience and how it opens doors for ambitious young horsemen and horsewomen. Terri expects her working students to work hard
and to basically “live” at the barn from before sun up to after sun down—as she herself does. Her students live in shared housing above the barn. Terri has 20 horses in her program and employs two full time grooms and a barn manager. Her working students are assigned care of at least two, but no more than four, horses, and they are entirely responsible for the care of those horses subject to the supervision of Terri and her paid staff. If a working student brings her own horse, then the student cares for her own horse as well. A student with her own horse does not pay board, but is re- sponsible for expenses such as vet and farrier. Terri gives her working students mounted in-
struction up to five times per week depending on her schedule, their ability and the availability of a suitable mount. Students are expected to partici- pate in the training of the horses in “their care,” and watch each of their assigned horses get worked even if they don’t get to ride on any given day. This past month, Terri has had four working stu-
dents. Amanda Amazing is Terri’s favorite. Amanda is a gifted rider, a hard worker, a motivated student and a joy to have in the barn. Terri would adopt her if she could. Amanda has been with Terri for over a year. She doesn’t have her own horse, but Terri lets Amanda ride the babies and Amanda gets many more opportunities to ride than the other working students. Laura Loser is Terri’s least favorite working
student. Laura is hopeless. She came with a use- less and lame rogue of a horse. Laura is lazy and disgruntled. Only three months into the program, she has broken every piece of equipment she has touched, she refuses to ride the horses Terri offers to let her ride, and Laura’s own horse is too lame to be in full training. Strangely, when Terri tries to correct her or fire her, Laura starts sobbing and begging to stay on—so Terri hasn’t had the heart to forcefully evict her. On Friday the 13th, Terri arrives at the barn
at her usual time, 6:00 a.m., with coffee in hand. Amanda has (as always) beaten her and everyone else to the barn and meets Terri to tell her that Laura had a “meltdown” last night and has gone home for good. The shipper is set to arrive later that afternoon to pick up Laura’s horse. Terri is so happy to hear the news she practically skips into her office. She turns on her computer and goes back into the aisle to talk to Amanda while the computer boots up. She sees a stall door open and assuming Amanda is in that stall with the horse, she heads that way. When she gets to the stall, she sees Amanda lying on the ground, out cold. Terri calls 911. Amanda is declared dead upon arrival at the hospital and the cause of death is pronounced to be “blunt force trauma to the skull.” What else could go wrong? Laura decides to
sue Terri for unpaid wages (and overtime). And Amanda’s family has filed a workers’ compensation claim. What is the outcome for Terri?
☛ Turn page for the outcome. 52 July/August 2016
Bar
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68