Fraudulent Misrepresentation Claim Against Veterinarian Dismissed

The plaintiff contacted the defendant, a veterinary hospital, about the plaintiff's horse used in jumping event about possible treatment.  The horse required a "minimally invasive" surgical procedure which the defendant performed.  The horse, however, developed laminitis, and lived after further extensive treatment.  But, the horse could no longer participate in jumping activities.  The plaintiff sued for fraudulent misrepresentation concerning the services provided and the lack of appropriate equipment available to perform the required surgery.  During surgery, the anesthetist told the veterinarian performing the surgery that "we have to speed it up" and after the surgery stated, "the operation was too long."  No other parties involved in the surgery made any statements at all.  The court dismissed the case because the complaint failed to allege that any false statements were made.  Likewise the court dismissed the claim based on premises liability because missing equipment did not pose a "danger" to others coming onto the premises and the horse did not qualify as a business invitee.  The corporate veil piercing claim was also dismissed because the veterinarian's LLC was not formed for any improper purpose, but for estate planning purposes. Salas v. Wellington Equine Associates, et al., No. 9:14-CV-81483-Rosenberg/Brannon, 2015 U.S. Dist. LEXIS 38477 (S.D. Fla. Mar. 26, 2015).

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