Lawsuit over genetically defective mare Kept True dismissed in Kentucky

A lawsuit involving a genetically defective horse that physically appeared to be a mare but was genetically male has been voluntarily dismissed, according to a court order.

Fayette Circuit Court Judge Kimberly Bunnell dismissed the case with prejudice, meaning the charges cannot be refiled, and the attorneys for plaintiff Michelle and Albert Crawford's Crawford Farms will file a motion this week to have this case also voluntarily dismissed in the Kentucky Court of Appeals.

Bunnell's order states the "parties have reached an Agreed Order for the voluntary dismissal of the case" and does not indicate any sort of settlement is associated with the agreement.

The case filed in June 2021 centered on the horse Kept True, which Crawford Farms bought as a broodmare prospect during the 2021 Keeneland January Horses of All Ages Sale for $150,000. Kept True, by Yes It's True, came into the sale as a New York-bred stakes winner of $323,659.

According to court documents, the Crawfords did not have the mare examined prior to removing her from Keeneland's sale grounds. The mare was later examined by the Crawfords' veterinarian, Dr. Jeremy Whitman, who reported "obvious abnormalities in the horse's reproductive organs" - primarily that the horse has no ovaries. A follow-up karyotype test done by Texas A&M University revealed a genetic condition that confirmed Kept True had the "appearance of a female horse, but the chromosomes of a male horse."

The Crawfords then contacted owner/breeder Jeff Treadway and consignor Hidden Brook Farm about rescinding the sale and wanted to be reimbursed for their costs for Kept True's care. These requests were both rebuffed and led to the lawsuit, which named Treadway, Hidden Brook, Keeneland, and Hagyard Equine Medical Institute as defendants. Hagyard veterinarian Dr Karen Wolfsdorf had signed a certificate required by Keeneland that identifies a broodmare as either pregnant or, if not pregnant, suitable for mating, according to American Association of Equine Practitioners standards.

Keeneland responded to the suit with a motion to dismiss based on a variety of provisions in its conditions of sale, one of which was that the Crawfords were contractually required to reject the sale within 24 hours after the end of the session in which the horse was sold. The motion was granted.

Hidden Brook filed a motion for summary judgment, which was granted by Bunnell in an April order stating, in essence that the Crawfords' claim against the consignor is barred because Keeneland's conditions of sale govern all auction transactions. Buyers are to conduct any pre-sale exams and are purchasing horse "as-is." If a horse is found to be not as certified, the only remedy is for the sale to be rejected, but only within the 24-hour window after a session. The Crawfords acknowledged in court records that they did not adhere to the conditions of sale but appealed Bunnell's order dismissing the charges against Hidden Brook.

Hagyard and Wolfsdorf also filed a motion for summary judgment, but Bunnell denied the motion, leaving the claim against them open for further litigation.

The attorney for Treadway, the seller of Kept True, filed an answer to the complaint denying liability and he also filed a cross-claim against Wolfsdorf in the event any damages had been assessed against him. The cross-claim also is resolved by the March dismissal.

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