Exam
of $100 per month thereafter. On the basis that Kara had breached the agreement, Olga was suing in Ohio for $3000. The Kentucky court ruled against
Kara on Kara’s claim. Kara fared no bet- ter in Ohio, where the court entered judgment in Olga’s favor for the $3000 she sued for. Kara appealed. Was it okay for Olga to sue Kara in
Ohio, or should Olga have filed a coun- terclaim against Kara in Kentucky?
Answer: Olga should have counter-
claimed in Kentucky. On appeal, the Ohio court agreed
that the Ohio trial court should not have entered judgment in Olga’s favor, but rather that it should have dismissed her claim. The court explained that Olga’s claim should have been raised as a compulsory counterclaim in the Kentucky action because both claims were based on the same agreement between the women concerning the boarding of Kara’s two horses. Just because Olga lived in Ohio didn’t give her the right to sue Kara in Ohio in a separate lawsuit from the one Kara had already initiated in Kentucky. As a result of Olga’s mistake in pursuing her claim against Kara in the wrong court, she did not get her money.
About the author: Krysia Carmel Nelson is an attorney from Virginia who is a nationally-recognized expert in equine law. Attor- ney Nelson represents horse owners, trainers, riders, breeders, equestrian facili- ties, farms, clubs and asso-
ciations across all nationally and internationally recognized disciplines. As a lifelong equestrian, she currently rides and competes her Hanoverian Affirmed on Appeal in the amateur hunters. She can be reached at
eqlaw@aol.com.
54 September/October 2016
Bar © The Book LLC 2011
horse transportation
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