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87.
The Brave Warrior
Affair
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29/08/2002 |
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THOROUGHBRED
BREEDERS AUSTRALIA has decided that it will establish a fund to assist the
proprietors of Eureka Stud mount as strong a defence as possible in any claim
against them for damages arising from the tragic death of the stallion Brave
Warrior some four years ago. It will be seeking pledges of money from the entire
breeding, racing and associated industries and already there are indications
that this move by the TBA has enormous support from breeders, trainers, horse
floating companies and racing bodies. The establishment of the fund is the
result of all state breeding associations deploring the legal action taken by
two former owners of the stallion and the Presidents of the State Associations
requesting the National body, the TBA take some positive steps to ensure that
the case is defended without any financial restraints.
The proposed legal action has been widely reported and commented upon in the
press ,on radio and on TV and there has been complete dismay and abhorrence
expressed at the proposed action.
Briefly, the claim surrounds the stallion, Brave Warrior, which stood two
seasons at Eureka Stud on the Darling Downs in Queensland, Australia. Brave
Warrior had won three Group 2 races at Rosehill and was by the Bletchingly
stallion, Cossak Warrior from a Nijinsky mare Nothing to do. At stud he covered
82 mares in 1996 and 60 mares in 1997. In the autumn of 1998, before any of his
produce had raced, Brave Warrior had a dreadful accident in his day yard and
eventually had to be put down. It has been reported that the stallion was
running in his yard and skidded into the gate . He got his head through the bars
and got caught by the bolt lock on the outside of the gate . After his death
four of the stallion's progeny have won Group races including one, Show a Heart,
which has won at Group1 level. The insurance settled the claim at the amount the
horse was insured for which was reported to be less than A$400,000.
About four years after the stallion died two former part owners of Brave Warrior
are now suing the proprietors of Eureka Stud allegedly for not taking proper
care of the stallion and are seeking $23 million which is their calculation of
loss of future earnings.
The state breeding associations believe that in relation to future earnings, the
very nature of the thoroughbred, which is prone to so many uncertainties on an
hour to hour and day to day basis, makes a demand for loss of future earnings
impossible to substantiate. Nearly everyone who has owned a thoroughbred which
appears to have potential has had to deal with the frustrations and
disappointments when the horse hurts itself or does not live up to expectations.
It is part of the game that has such extremes of highs and lows and it is for
every owner to be aware of this integral aspect of thoroughbred ownership. If in
the event that the court did award substantial damages based on potential
earnings then the decision would have disastrous ramifications for everyone that
handles a horse which he or she does not fully own. Already an enormous number
of distinguished and experienced people from sales companies, from insurance
companies, from major studs and from the ranks of trainers have indicated that
they wish to give expert advice on behalf of Eureka Stud but as some are from
abroad and interstate the costs will be high.
All pledges of assistance can be made to the Federal Office or to the State
branches who will pass the pledge on. A detailed protocol in relation to the
calling up of the pledges is currently being worked out.
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