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Page 20 THE PRIDE OF FINLAND The Photography of Anette Varjonen Page 22 DUBAI CHAMPIONSHIPS 2015 Photography by Anette Varjonen Page 35 WORLD CHAMPION DRESSAGE RIDER & CARRIAGE DRIVER Riding in the Classical Way on Your Beautiful Arabian Horse Written by Jean Paul Guerlain Page 38 THE RISE OF ANSATA SULEYMAN Ansata Ibn Sirius x Ansata Bint Serqit Photography by Navid Page 58 THE FOUNTAIN OF YOUTH The Future of the Arabian Horse By Navid Page 64 DR. PALLONE Rose Hill Farms & Pallone Veterinary Hospital Rose Bud, Arkansas Page 72 LINGFIELD PARK Arabian Horse Flat Racing Editorial & Photos Provided by Al Badia Magazine Dubai, UAE Page 74 ENZO And the Worldwide LLC Partners Story by Navid Page 80 BODY HEAT Make a Splash in This Season’s Hottest Summerwear Photography by Navid Page 90 FOR EVER YOUNG “The Practice of Longevity” Dr. Michael J. Hall, MD By Navid Page 94 EQUINE LAW OUR STATE HAS NO EQUINE ACTIVITY LIABILITY ACT ARE WE WORSE OFF? Written by Julie I. Fershtman - Attorney at Law Page 96 THE ART OF STACEY MAYER Not Your Typical Art Page 108 BACKYARD TREASURES Diamonds in the Rough The Story of HEIR BORN

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June 2015

Dear Readers, The Egyptian Event is upon us and the Kentucky Horse Park is now filled with some of the most beautiful Arabian horses in the world! This is a lovely show, one of my personal favorites. The people of The Pyramid Society, plus the exhibitors and trainers, are all extremely friendly--a wonderful show atmosphere. Arab Horse Couture is pleased to continue its Corporate Arena Banner Sponsorship at this year’s The Event. My daughter and I will be flying to Paris this week during The Egyptian Event 2015. We will be visiting with our dear friends Jean Paul Guerlain and Christina de Kragh. We have been graciously invited to attend a grand presentation for Jean Paul during our stay at their home in the French countryside We will also visit with the beautiful Arabian horses of Guerlain Stables. We shall spend time in the City of Paris marveling at the historical sites and beautiful architecture and, of course, we enjoy the shopping as well! As a bonus, I just received great news to share with the readers of the magazine.... my home bred second generation black Magnum Psyche daughter has been checked in foal to the magnificent purebred Arabian stallion, ROL Intencyty. Such wonderful news before leaving on our trip! I will be watching the live feed to see all the beautiful Straight Egyptian and Egyptian Related Arabian horses of The Event while in Paris. I will be cheering on all the attendees! All the best to the exhibitors, breeders, owners and trainers at this year’s The Egyptian Event! Sincerely, Laura J. Brodzik

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CONTACT US LJB PUBLICATIONS LLC 9300 NAPIER ROAD

NORTHVILLE, MICHIGAN 48167 USA

P: 248.866.8756 E: info@arabhorsecouture.com W: arabhorsecouture.com EDITORIAL N AV I D M AT O O R Y navid@ ar abhor se cout ur e . com Edit or-in-C hief LAURA J. BRODZIK laur aj @ ar abhor secou t ur e. com Senior Editor RANDALL E. BRODZIK randalle@arabhorsecouture.com Operations Director JENNIFER DIEHL TEMPLIN jenniferd@arabhorsecouture.com Business Director LAUREN M. BRODZIK laurenm@arabhorsecouture.com Technical Director CONTRIBUTORS Photography by Navid - USA Jean Paul Guerlain - FRANCE Hares Fayed - Al Badia Magazine - Dubai, UAE Julie I. Fershtman, Attorney at Law - USA

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Anette Varjonen’s artistic equine images and documentary photos of various horse shows have gained the attention of others as they differ from the common ones. “I began my hobby with horses in my youth. I would bicycle to the stables as often as I could; even in freezing temperatures and rain. My other hobbies did not discourage this enthusiastic horse girl. At this time, I was riding and taking care of the horses and ponies,” Anette states. Anette´s work background is in the graphic industry and photography has been her passionate hobby for over 20 years. The subjects of her photos have varied along the way. Anette has been photographing animals, life around her, her trips and the culture around motorcycles. During these past few years, she has been concentrating on photographing horses and women. Anette also connects these two genres into her artistic contemporary fashion portrait photos of customers with their horses. “I again discovered horses returning back into my life a few years ago when my friend purchased a horse. This was of enormous importance to me that my friend was able to obtain beautiful photos of this beloved, now passed away, older horse. Inspired by this time in my life, I began to photograph horses… near and far away.”

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Anette was photographing different looking and different breeds of horses; however, she was eager to see and meet the so-called “most beautiful horse of the world”…. the Arabian horse. “The Dubai International Arabian Horse Show, with its sophisticated and warm atmosphere, has been wonderful and a special experience for me as a photographer. The Arabian horse is like a flying fairytale creature! It has been dizzyingly impressive to photograph their huge and impressive movements. Sometimes it has been difficult to concentrate on working as I have been so touched by these gorgeous animals. It is hectic to photograph a horse show…. and I easily photograph thousands of images. I have a goal to acquire more artistic photos than actual technical images of the horses.” “Visiting the horse studs is always unforgettable; it is interesting to have a peek at the horse’s own environments and to feel their peaceful atmospheres along with generous hospitality. The absolutely best part of my trips are the moments when, after the photo shoots, I am able to spend time with a horse…. just hugging and touching these precious animals—it makes me smile for a long time.” “The horses have rapidly become a driving inspiration for me,” says Anette. In the summer, Anette rides to the photo sessions on her motorbike. During the winter months, she travels abroad for longer photography trips, doing photo shoots for various clients. Anette mentions, “It is very interesting to experience new cultures and meet new “horse people”. Anette mainly travels alone; although there are times that an assistant to carry her heavy camera equipment would be welcomed. Visually, in her mind, Anette is attracted to the breathtaking beauty of horses. “Horses are graceful subjects to photograph because you easily get gorgeous photos of every horse. There are so many dimensions in horses…. they are magnificent, but sensitive and kind animals. Yet they are brave and have bursting power plus a wild nature as well. My goal is to capture these different elements in my photos and pass these traits of the horse on to the viewer.” Sometimes Anette leads the glance of the viewer to the essential

part of the photo by cropping it tight; in some photos, she captures the moments that in real life are just a blink of an eye. With closeup images, Anette is able to bring the horse to her viewers, as if the horse’s skin is there to touch. In her photos you can feel the horse’s soul and spirit. Anette has a strong, unique and sensitive style in addition to harmonious colors in her photographs. With documentary photos, Anette is able to capture the expressions of both the horses and humans…. often the unexpected ones. Through the photos, the complete atmosphere is captured as if the actual event may be felt as well. Anette uses mainly natural light in her photo shoots, which is possible thanks to her high quality camera and equipment. “I use Photoshop often and even if it takes a lot of time to work with the photos, this inspires me to create artistic images.” “When it comes to the photo shoots, I listen carefully to the wishes of my clients. The images may include portraiture, interaction between the horse and client, action, close-ups, etc.” “I like to photograph a horse in natural movement--wild and free. A horse is then in its own element and the combination of luck and technical skills produces unique surprises to the images. It is also such a wonderful experience when a horse is galloping towards you!” Anette says that the most beautiful horse photos are taken in the worst possible weather. “These photos are unique, and you seldom see such imagery. Not many photographers want to work when it’s raining or there is a sandstorm. My goal is to capture more imagery in inclement weather situations.” “My personal mission is to give meaningful photographs and excellent art imagery to my clients of their precious horse friends. To obtain these images, I am always prepared to travel far distances.” “My plans for the future are additional equine photo shoots in China and someday having my own photo exhibition in a major city.”

anette@anettefotografik.fi www.anettefotografik.fi

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WORLD CHAMPION DRESSAGE RIDER & CARRIAGE DRIVER Riding In the Classical Way on Your Beautiful Arabian Horse

Arab Horse Couture is extremely pleased and honored to feature a regular column written by Jean Paul Guerlain. In the past, in addition to his role as master perfumer for the House of Guerlain, Jean Paul also accumulated World Championships in Dressage and Carriage Driving. Jean Paul will be sharing his extreme talent for training and his love of horses with the readers of Arab Horse Couture. Guerlain is a French perfume house, amongst the oldest in the world. The House of Guerlain was founded in 1828 when Pierre-Francois Tascal Guerlain opened his perfume store in Paris. Jean Paul Guerlain is fourth generation Guerlain and the last family master perfumer. Jean Paul currently works as a consultant for Guerlain and continues to travel the globe to develop new fragrances. INTRODUCTION TO ADVANCED TRAINING

One of the most dangerous phases of a horse’s training is the beginning of advanced work. The goal is a balanced, harmonious happy horse working in partnership with the rider, with mutual trust. As the training progresses, we develop more engagement, power and suppleness. The horse carries himself in a round, fluid, energetic fashion. The difficulty is that inexperienced riders confuse the end with the means. Too often we see riders pulling the front end round then having to resort to whips and spurs to kick the horse to get what they think of as “forward”. By this means they plan to “make “ a dressage horse. What usually results is stopping or rearing or worse. Advanced work is the consistent gradual development of engagement, relaxation, impulsion, suppleness, straightness, and collection. Through this work, a round, forward, happy horse emerges (a happy rider also since nothing is nicer than to be in harmony with one’s horse). We must choose our demands carefully and progressively so that the development of the horse is like grass growing; we never see anything happen, but over time things get better and more beautiful. I am often asked how long it will take to master this or that movement. My answer is always the same, usually found to be unsatisfying to the student: “It depends” …It depends on the horse, his prior handling and training, and the skill and temperament of the rider. Rushing the training according to some time limit always leads to a fiasco! Important: We must always pay close attention to the needs of our horse and its ability to handle any new work we ask. If we find that the horse objects to the work because we have pushed a step too fast, then we must immediately back off for a while. Pushing on in the face of resistance will usually develop the resistance, not the horse. Similarly, we cannot skip any steps. Short cuts imply that something is being cut away, and this can never be taken back; meaning that which is not done correctly at the start cannot be done again! RIDING WITH A PLAN

I recommended that every training session follow a plan. It is often terrible to watch riders “schooling” their horses when they have not made a plan. Without a systematic approach, one never reaches a goal. If the rider takes the time to really study his horse he can design a program to suit his horse’s particular needs. One must keep room for small differences in technique that will be needed for the horse’s individual characteristics. What is good for one horse can be wrong for another. We must never be rushed to reach our goal. Do not try to do in 30 minutes that which you know would take an hour or 45 minutes. Work on just the first part of your daily routine. Rhythm and relaxation…this work is never wasted! COLLECTION & SELF-CARRIAGE

Collection is the highest level of dressage. The horse carries increased weight on well-flexed and active hind legs. This in turn promotes the elevation of the forehand and the lightest possible rein contact. Self-carriage is a goal and a result in the training. If the self-carriage is good, the horse will successfully stretch his frame in the walk, trot and canter extensions and shorten his frame in returning to the collected tempo. The movement of the horse becomes more expressive when the rider’s aids are able to tap the source of energy in the hindquarters. The carrying power of the hindquarters is developed more and more for the purpose of lightening the horse’s forehand. This is accomplished as the hip and stifle joints of the hind legs are more flexed, thus lowering the hind quarters and elevating the forehand. This elevation of the forehand, resulting from the increased flexion of the joints of the haunches, gives the impression of riding uphill. That is why, if you want to ride dressage on your Arabian horse, make sure you choose an Arabian horse with a good croup and length of hip, as this is where the MOTOR of the horse is. Until next time…have fun with your beautiful Arabian horse friends! For questions or comments, please write to: vitalcell.km@bluewin.ch - 35 -

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Ansata Suleyman (Ansata Ibn Sirius x Ansata Bint Serqit) is a prom-

ising young stallion with a very prestigious and impressive pedigree…”A Straight Egyptian Breeders Dream”. The DNA gifts bestowed by his noble ancestry, carried in the blood that courses through his veins, Ansata Suleyman’s pedigree reads like a sacred doctrine presented on behalf of Egypt’s most elite Arabian lineage; a formula of proven success and consistent enduring quality. Bred by Ansata Arabian Stud, he was one of the last foals born at Ansata Arabian Stud before their retirement. Ansata Suleyman combines the breeding program from Dr. Nagel’s Katharinenhof Stud with the legendary and world famous Ansata breeding program.

Boasting only the best and most sought-after bloodlines, Ansata Suleyman has four lines to the legendary *Jamilll and no less than fifteen lines to Ansata Bint Bukra, considered one of the most influential mares of the Ansata program known for the classic beauty and type the Ansata bloodlines are so highly sought after. Ansata Suleyman’s sire, Ansata Ibn Sirius, has produced some of the most beautiful horses in the Middle East stamping his get with large eyes, small ears and the beautiful movement typical of this line. *Jamilll was a critical component of both Dr. Nagel and the Ansata breeding programs, producing foals with incredibly big round “apple eyes”, clearly defined small muzzles and fantastic movement. Perhaps one of the most influential stallions in Straight Egyptian breeding was Ansata Halim Shah who is featured in Ansata Suleyman’s pedigree no less than eight times. Ansata Halim Shah’s influence in Europe is beyond comparison with any other Egyptian bred stallion in modern time. A beautiful grey son, Ansata Ibn Halima, was a U.S. Top Ten Futurity Colt as well as the producer of Champions all over the world such as… World Champion Stallion Al Adeed Al Shaqab. No other stallion in Straight Egyptian breeding has impacted the breed as Ansata Halim Shah has done.

Phenotypically, Ansata Suleyman possesses great type--large eyes with a short refined head. His ears are extremely small. He has a short back, long legs and a long refined neck with a clean throatlatch. Ansata Suleyman’s movement is exceptional… much like *Jamilll or *Jamilll’s full brother Asfour. The phenotype so beautifully expressed in Ansata Suleyman is not a fluke and certainly not an accident. It is the precise result of his remarkable genotype.

Dr. Michael Pallone, DVM of Rose Hill Arabians in Arkansas says, ”On acquiring Ansata Suleyman in late May of 2012, we knew we had a very special stallion.... our “Priceless Treasure”. We knew the great heritage the Ansata bred stallions have. Most all have been sold and exported worldwide as they are highly coveted!

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We set out a plan to breed him to a select group of mares waiting later in the year to give him time to settle into his new home. Our goal was ‘quality not quantity’ as we knew his great potential. We selected a small group of mares that he would out-cross with and went ‘out of the box’. These mares mainly had Thee Minstril and Thee Desperado bloodlines in their pedigrees on their sire lines. The dams selected were quality mares with a variety of tail female lines.

The first mare bred was Shalom Kela (Al Baraki x Imperial Misterin) a tall fifteen hand elegant mare with a beautiful face and neck and a very correct body. Shalom Kela’s sire, Al Baraki has sired many Egyptian Event Champions in the USA as well as International Champions. Shalom Kela boasts an impressive pedigree with an outstanding tail female line. Her dam, an Imperial bred mare Imperial Misterin, was out of the great Imperial Mistilll (Jamill x Ansata Nile Mist) a mare of great genotype as well as phenotype. A Champion producer for whose contribution to the Straight Egyptian Arabian bloodlines is highly sought after and coveted. Ansata Suleyman was bred to a handful of mares in 2012. We waited in anticipation as we knew this would be his tesing ground in the breeding shed. Shalom Kela had Ansata Suleyman’s first foal… a beautiful grey filly in 2013 with all the ethereal beauty we could only have imagined! ARAB HORSE COUTURE - June 2015

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To date, we have sold mares in foal to Ansata Suleyman as well as his foals to Doha, Qatar; Kingdom Of Saudi Arabia; China and the USA.

Ansata Suleyman is a prepotent sire stamping his foals consistently with his classic type, beauty and amazing movment. We believe he is the perfect outcross stallion and his get are the proof of his great genetic power; a remarkable and ongoing testament to the strength of this enduring blood. Our 2014 foal crop has proven to be an amazing one and his foals have the ‘Ansata type’--90% being fillies! The proof of a great herd sire is consistency in offspring with different mare lines. Ansata Suleyman has proven to be everything we could have ever hoped for in a stallion!

We wait in anticipation and excitement for his foals to make their debut in the coming years. We believe this is the start of this amazing stallion’s future as a leading sire and his “Rise To The Top” has just begun!!!” Ansata Suleyman Stands at Rose Hill Arabians, Rose Bud, Arkansas

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It’s a beautiful sunny morning with just a slight snap of cold in the air. A picture perfect scene drawn on a canvas of rolling green hills and pastures, a large meticulous log house with all the trimmings and cows gently spread across the canvas like the perfect touch of a ”Rockwell“ painting of simpler days gone by. A welcomed break from the cold and wet days usually found in these parts for this time of year. Arab Horse Couture Magazine was fortunate to speak with Dr. Michael Pallone regarding the revered breeding program of Rose Hill Arabians, owned by Dr. Mike and his wife Dr. Karen Pallone… both veterinarians, located in Rose Bud, Arkansas. “I will start by making some deep dark confessions about myself that many of you will find disturbing. My name is Dr. Mike Pallone and: • I did not grow up dreaming of owning a beautiful Arabian horse. • If I ever read “ The Black Stallion” I don’t remember it. • I do like and own other breeds of horses. • My neck is dark red. • My collar is faded blue. • I DO believe in God. • I DO salute our flag and I DO put my hand on my heart. • I have been married to the same woman for 25 years. • I am a VERY proud father of a wonderful son. • I own a lot of guns. • I eat red meat (most of which I have shot). • I am a true American Patriot and I honor and respect all of the heroes that keep us safe.

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Now that all that is out in the open, I can say that I have always held a deep regard for the HORSE. I grew up around horses of many breeds and always admired the grace and pride that they exuded. I find them very interesting and admire many qualities they possess. My mother was a true horse lover and loved to ride more than anything else. She always had several good horses to choose from. My wife Karen and I met in college and like myself, she grew up riding Quarter Horses. She competed in rodeos in the barrel racing events while I used horses on our cattle ranch. These horses were necessary employees on our ranch. It was not until Karen and I were both veterinarians that we were exposed to many other breeds of horses. We quickly learned that horse owners are extremely proud of their chosen breed and as equine professionals we always had to agree. I did become very interested in many of the attributes as well as many of the problems that certain breeds possess. In the mid 1990’s, we got our first exposure to the “Straight Egyptian Arabian”. I worked for a man named Josh Green who started Cadron Creek Arabians in Quitman, Arkansas. This became a satellite farm for the very prestigious and successful Arabians LTD out of Waco, Texas. Josh took it a step further and started his own farm and hired Jim and Carol Deegan to manage the business operations. This is where I spent every morning of my life for several years as the staff veterinarian. Karen and I were fortunate enough to be invited to accompany Mr. Green to many of the shows, which we enjoyed. They were very different from other shows we had been to and we found the atmosphere very appealing. Part of the farm’s services included educational seminars for their clients. This is where I first heard the “Story” of the Straight Egyptians. Carol Deegan always gave an excellent talk about the history and I sat in the back row of the room with the rest of the staff. I became intrigued by the colorful history that surrounds this horse. Unfortunately, like so many other good things in life, things change and Cadron Creek Arabians dissolved in 2005. This is when Karen and I decided to open our own farm. We already had the land that was our current cattle ranch so we constructed a suitable facility and purchased the Cadron Creek Arabians stallions…. Al Baraki, The Source and Gatsby CC. We moved a group of mares and continued to provide services to the homeless clients from Cadron Creek. We attempted to continue the model that Cadron Creek and Arabians LTD had molded, but quickly learned that we did not have the time or the money and mostly the know-how to make it succeed. We continued attempting to show our horses, including our amazing stallion Gatsby CC (multiple Egyptian Event Champion), but we very painfully learned that this was another endeavor that we were not suited for. A small breeder had no chance at being successful in the show ring, which becomes very frustrating. We finally found our niche as a small breeding/boarding farm. We are truly blessed to have such a breathtaking farm that was my Mother’s masterpiece in an area of Arkansas known for its beauty. We have an excellent staff including Fidel Cardenas who is our resident trainer and equine division manager. We are also very fortunate to have met Charley and Martha Suarez. We have partnered with them on many horses including the farm’s current breeding stallion, Anasta Suleyman. We are breeding him to all of our mares and having some of the best foals we have ever raised. It has become very enjoyable to watch the horses we have raised mature and then have their own foals that will become the next generation of Rose Hill mares. Thanks to Charley and Martha, we have enjoyed great success marketing these foals, which makes it nice as the farm owner.

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My real job is a large animal veterinarian. I spend 12-18 hours a day seven days a week working on horses and cattle. Every economic aspect of my life revolves around the livestock industry. Our clinic is in the very small town of Rose Bud, Arkansas. It has a downhome feel but offers top quality therapeutic and diagnostic capabilities that most “big city” clinics don’t offer--including in-house stem cell therapy, laser therapy, digital radiology and fluoroscopy. We service a large part of central Arkansas. Dr. Karen donates a large percentage of her time to local shelters by providing surgical procedures that they normally could not afford. We also operate a large beef cattle operation on our ranch. Our son Dallas helps with the cattle division and owns a small herd himself. Our family pastime is hunting. We do this as a family and this occupies the free time we have in the fall and winter months. I freely admit that I am the luckiest person I know because of our wonderful family, my beautiful home and my perfect job. My biggest accomplishment in life is our son. When people ask how he is I simply say, “HE IS PERFECT” and I mean every word. The secret to our success is in three easy steps: • HARD WORK • HARD WORK • HARD WORK

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It was a fairytale success for three ladies in the two HH Sheikh Mansoor Bin Zayed Al Nahyan Global Arabian Horse Flat Racing Festival races run at the Lingfield Park racecourse in the United Kingdom. The Festival’s HH Sheikha Fatima Bint Mubarak Ladies World Championship (IFAHR), a premier handicap for UK trained horses and International lady riders, saw 22-year-old Japanese jockey Aoi Kinomae reveal superb racing skills on Man Of Dreams as she outdueled Maghazi under Hungarian Gabrielle Pap. The win by Man Of Dreams was a huge success for the Legg family who bred the horse and is the only one in racing for them. Trainer Carol Legg was delighted after Kinomae’s success on the horse and revealed that the 7-year old son of Nizam ran two 40-km endurance rides earlier in the year. “He always runs well first time out so we saved him for this race and it is a great achievement for us as he was bred by us,” Legg said. Kinomae, whose horse was involved in a battle with Maghazi with about a furlong to go, pulled away and won in a time of 1:50.09 for the mile’s distance. She was jubilant at the prize distribution. “I am so thrilled that I will now be competing in the final of the HH Sheikha Fatima Bint Mubarak Ladies World Championship and I hope I can repeat this win,” she said. The third lady who dominated the limelight was trainer Beverly Deutron who saddled her first ever Group 1 win when Lahoob under Harry Bentley, came up with a driving finish on the outside to favorite Al Hibaab under Tadhg O’Shea to win the Sheikh Zayed Bin Sultan Al Nahyan Cup Group 1 PA race. “When I knew Bentley was available, I opted for him just a day before the race. Lahoob knows this track as we are based just 20 minutes from here and that helped,” Deutron said. “I have been in the trade for many years and my previous best was a Listed Cup win and this is surely the best, my first ever Group 1 success,” the winning lady trainer said. HE Abdul Rahman Ghanem Al Mutaiwee, UAE Ambassador to England, and HE Saeed Al Shamsi, UAE Ambassador to Ireland, Sheikh Mohammed Bin Maktoum Al Maktoum, the First Secretary in UAE Embassy in London, Sheikh Hamdan Bin Surour Al Sharqi of Invest AD, Adnan Al Nuaimi, Director General of the Abu Dhabi Equestrian Club, Ms Lara Sawaya, Executive Director of the HH Sheikh Mansoor Bin Zayed Al Nahyan Global Arabian Horse Flat Racing Festival, Chairman of the International Federation of Horse Racing Academies (IFHRA), Chairman of Ladies & Apprentice Racing Committees in the International Federation of Arabian Horse Racing Authorities (IFAHR) and British Arabian Racing Organization’s Genny Haynes and Amanda Smith took part in the prize distribution. The UAE envoys, Al Mutaiwee and Al Shamsi, hailed the success of the HH Sheikh Mansoor Festival in promoting UAE culture and heritage and said all success goes to His Highness Sheikh Mansoor Bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Presidential Affairs and Her Highness Sheikha Fatima Bint Mubarak, Chairwoman of the General Women’s Union, Supreme President of the Family Development Foundation (FDF) and Head of the Supreme Council for Motherhood and Childhood and Mother of the World. Ms. Sawaya said, “Today’s success of the two lady trainers is a reflection of the opportunities that the Festival offers at every level. The sunny weather and the large crowd ensured it was a big racing success for the Arabian horses.” The HH Sheikh Mansoor Bin Zayed Al Nahyan Global Arabian Horse Flat Racing Festival is sustained by the Abu Dhabi Tourism and Culture Authority. The event is coordinated by the Abu Dhabi Sports Council in cooperation with the Emirates Racing Authority, IFAHR, Emirates Arabian Horse Society, Ministry of Foreign Affairs, General Authority of Youth and Sports Welfare. The National Archives is the official partner and Emirates Airline is the official carrier. The event is also sponsored by Invest AD, Tourism Development & Investment Company (TDIC), Abu Dhabi National Exhibition Centre (ADNEC), Al Awani General Enterprises, Kabale, Al Wathba Centre, the UAE’s General Women’s Union, the HH Sheikha Fatima Bint Mubarak Ladies Sports Academy, Abu Dhabi International Hunting and Equestrian Exhibition 2015, Dr. Nader Saab Switzerland, Al Wathba Center, Abu Dhabi Equestrian Club, Eastern Mangroves Suites-Abu Dhabi by Jannah, Yas Channel, Omeir Travels and Racing Post. Editorial & Photos Provided by Al Badia Magazine - Dubai, UAE albadiamagazine.com

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A N E Q U I N E L AW P R A C T I T I O N E R OUR STATE HAS NO EQUINE ACTIVITY LIABILITY ACT – ARE WE WORSE OFF? Written by Julie I. Fershtman - Attorney at Law

Julie Fershtman is one of the most experienced Equine Law Practitioners in the USA. A Shareholder with the firm Foster Swift Collins & Smith, PC, based in Michigan, she has successfully tried equine cases before juries in four states. She has also drafted hundreds of equine industry contracts and is a Fellow of the American College of Equine Attorneys. She has spoken on Equine Law in 28 states, including the nation’s largest equine industry conventions. For more information, please visit: fershtmanlaw.com - equinelaw.net - equinelaw.info Affirming the trial court’s dismissal of the case, the California Court of Appeals found that the legal doctrine of “primary assumption of the risk” applied in a variety of occupational settings, including veterinarians, but California apparently had no comparable precedent involving farriers who were hurt on the job and sued horse owners. The court noted that the assumption of risk doctrine encompassed “any physical activity that involves an element of risk or danger as an integral part of the activity.” Accordingly, the court extended “assumption of risk” to the farrier, reasoning that “the job of a farrier is an inherently dangerous occupation as much, or more so, than that of a veterinarian.”

46 states across the country have some form of an Equine Activity Liability Act. Are people in the four states without such a law – California, Maryland, Nevada and New York – worse off? If two recent California cases are any indication, courts have shown a willingness to dismiss lawsuits involving people who died in horse-related activities, even without an equine activity liability act. Wrongful Death Lawsuit Involving California Teenager In a 2015 court ruling, the California Court of Appeals found that a horse trainer/riding instructor’s release of liability, signed by a mother as well as her teenage daughter, was enforceable. Accordingly, the court held that a lawsuit against the trainer (also referred to as a “coach”) arising from the teenager’s death, was properly dismissed.

The estate also argued that the horse owner was liable for failing to secure or restrain horses for the farrier or help him do his job, but the court disagreed. It found that securing the horses was an essential part of the farrier’s job, and the horse owner had no duty to secure the horses once he relinquished care and control to the farrier.

The teenager at issue in the lawsuit was a highly experienced rider who was competing in a threeday eventing competition in California. Minutes before the fatal incident occurred, the teenager rode her own horse in the cross-country portion but had been excused due to her horse refusing too many jumps. In an apparent effort to school her horse before leaving the course, however, she steered her horse toward another jump. The horse fell over on her, and she later died.

Finally, the estate argued that the horse owner should be liable because the presence of rocks in the corral posed a hazard to the farrier. Dismissing this, the court explained that the rocks, to the extent that they were dangerous, were obvious, and California law prevented recovery “where the danger was obvious.” It found that the farrier could assess the risks and the safety of working with horses in that environment.

The parents sued the “coach,” but they lost at trial. They appealed. At issue was whether the release barred the litigation. The California Court of Appeals Court found that it did. It also ruled that the parents’ claims of “gross negligence,” which could potentially override the release, were likewise dismissed because of insufficient evidence.

The case was Barrett v. Leech, 2014 Cal. App. Unpub. LEXIS 5185, 2014 WL 3659366 (Cal. App. 4th Dist. July 24, 2014), an unpublished case.

The case was Eriksson v. Nunnink, 233 Cal. App. 4th 708 (Cal. App. 1/27/2015).

Conclusion

Wrongful Death Lawsuit Involving Farrier

Although every lawsuit’s success or failure depends on its facts and applicable law, these two recent cases show that courts in California, one of four states without some form of an Equine Activity Liability Act, will consider dismissing litigation based on a release or principles of “assumption of risk.”

A farrier with 45 years of experience was hired to trim a horse’s hooves. While working in an outdoor corral, the horse knocked him down, and his head hit a rock. He died from his injuries, and his estate sued the horse owner who also owned the property. The farrier’s estate claimed that the horse owner negligently failed to secure and restrain other horses that were in the corral where the farrier was working, failed to remove rocks from the corral, failed to warn that the corral was rocky, and failed to warn that the horse had a “volatile disposition and temperament.”

This article does not constitute legal advice. When questions arise based on specific situations, direct them to a knowledgeable attorney.

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ARAB HORSE COUTURE - June 2015  

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