Abused horse sues ex-owner

By the time of his rescue, Justice, an American Quarter Horse, was brutally neglected. Justice ( known then as Shadow) was 300 pounds underweight.

He had severely frostbitten genitals. He was kept outside, never got groomed, was riddled with skin infections and lice, suffered from equine anxiety and, luckily for him, removed from the care ( or lack thereof ) of his owner in Washington County, Ore., in March 2017.

On July 10, Gwendolyn Vercher pleaded guilty to a charge of neglect. She agreed to pay $ 3,700 in restitution to Sound Equine Oregon, the rescue shelter housing Justice, for the horse’s care prior to July 6 — but not beyond.

Justice is doing better, living at a rescue shelter, but requires ongoing care.

So he is fighting back in Oregon circuit court, suing his former abuser for a minimum $100,000 in damages.

That is not a typo, but a truth: a four- legged beast is suing a two-legged woman — with the help of the Animal Legal Defence Fund ( ALDF) — and some human lawyers.

How can this be? The Oregon Legislature recognizes “animals are sentient beings capable of experiencing pain, stress and fear,” the ALDF states (on Justice’s behalf ) in the horse’s suit against Vercher.

“As a result of defendant’s negligence, Justice has incurred past and future expenses for reasonable and necessary medical bills and long-term care in an amount to be determined at trial but not less than $ 100,000,” the lawsuit states. “Justice has incurred non- economic damages for pain and suffering in an amount to be determined at trial.”

Poor Justice is now eight, not a suitable candidate for adoption, and could live for another 15 years with his guardian, Kim Mosiman. And care costs money.

The Oregon courts have categorized animals as “victims” in criminal neglect cases. As victims — the Justice/ALDF suit argues — they retain the right to “sue their abusers for the harms they have inflicted.”

Justice’s case against Vercher is far from a slam dunk.

Five years ago, the Nonhuman Rights Project filed a lawsuit against the owners of some chimpanzees in New York, arguing they be freed from their cages and relocated to an outdoor sanctuary in Florida. The courts ruled the two chimps didn’t have the same legal rights as people.

In other words: a chimp could be confined to a cage, without a violation of its rights, whereas a law-abiding person could never be caged unless they were criminal.

Now along gallops Justice, looking to test the Oregon courts to see if they reach a different conclusion about the difference, or sameness, of horses and people.

If successful, Justice’s lawsuit would be the first to establish that animals have a legal right to sue abusers.