No. 14AE C01236
record, Chris M. Troppito of Troppito +Miller, LLC, and for her Petition for Damages against
Defendants James Lee Parlier, Jr., a/ka Jimmy Parlier, d/b/a Jimmy Parlier Horse Transport,
d/b/a Parlier Equine Transport & Carriages, and James Timothy Ashworth, a/k/a Tim Ashworth
(collectively “Defendants”), respectfully states to the Court:
Defendants transact business within this state, and/or made a contract with Plaintiff in
this state, and/or conm1itted a tortious act within this state as more fully stated below.
2. Venue is proper pursuant to R.S.Mo. 508.01 0.5(2) as Plaintiffs principal place of
residence was in Platte County, Missouri on the date the Plaintiff was first injured.
3. Jurisdiction and Venue are also proper pursuant to R.S.Mo. 407.025. 1. In that the
transaction complained of took place in Platte County, Missouri.
mare named Mylla Lethyf (“Mylla”).
5. Mylla was an extremely well-bred mare with an excellent pedigree and show record,
boasting multiple Halter Championships in both Brazil and the USA.
6. At the time of purchase, Mylla was worth approximately $30,000.
7. On or about November 14, 2012, Plaintiff entered into a Contract with Defendant
Jimmy Parlier, d/b/a Jimmy Parlier Horse Transport, d/b/a Parlier Equine Transport &
Carriages (“Parlier”), whereby Parlier agreed to transport Mylla from Moorpark,
California, to Kansas City, MO 64152 (hereinafter referred to as
the “Contract,” a copy of which is attached as Exhibit A).
8. At the time the Contract was entered into by Plaintiff and Parlier, Parlier was not
authorized to haul horses for compensation by the Federal Department of
9. Parlier never told Plaintiff that he was not licensed by the Federal Department of
Transportation o engage in interstate transportation of horses.
10. In the Contract, Parlier agreed and contracted to:
a. “use due diligence to safely transport, feed and care for [Mylla], including
making arrangements for all needed rests and regular stops … ” and
b. “In the event [Mylla] requires the services of a veterinarian, the Transporter
will immediately notify the Owner. In the event the Owner cannot be reached
or the transporter deems it necessary, the Transporter is hereby authorized, as
agent for the Owner, to call the first available licensed Veterinarian of his
11. The transport of Mylla was arranged for March 11, 2013. Prior to the transport,
Parlier told Plaintiff that to properly transport Mylla would take 4 to 5 days
depending on the weather.
12. Prior to the transport, Parlier told Plaintiff that each night, Mylla would be taken off
the trailer to rest in a stall.
13. On March 10, 2013, a day before transport was to occur, Parlier informed Plaintiff
that he would not actually be hauling Mylla. Instead, Parlier subcontracted with
and/or hired or employed Defendant James Timothy Ashworth (“Ashworth”) to serve
as the actual driver of the transport trailer.
14. On or about March 10, 2013, pursuant to the Contract, Mylla was examined by a
veterinarian, who gave her a clean bill of health, and the required papers for interstate
15. On March 11, 2013, Mylla was picked up in Moorpark, California by Ashworth.
16. Mylla, a mare, was positioned in the trailer in close proximity to a stallion.
17. The positioning of a mare in close proximity to a stallion during transport is widely
known in the horse transportation industry to be an unacceptable and dangerous
mares during transport.
18. Placing a stallion and a mare in the same transport trailer during transport without
completely isolating the stallion is widely known in the horse transportation industry
to be an unacceptable and dangerous condition, in that stallions can “smell” mares
19. Approximately 90 minutes into the trip, Mylla allegedly coliced.
20. Parlier stated that he drove to meet Tim Ashworth, and together they attempted to
walk her out of it.
21. Parlier and Ashworth noticed sores and scrapes developing, but neither called a
veterinarian nor took other actions to discover the source of these new injuries.
Trial scheduled May 18, 2016
Jimmy Parlier did not answer suit / show up for trial
$144,000 Judgment Against James Lee Parlier, d/b/a Jimmy Parlier Horse Transport and d/b/s Parlier Equine Transport and Carriages
This cause having been taken under advisement, the court now finds in favor of Plaintiff and against Defendants James Lee Parlier, d/b/a Jimmy Parlier Horse Transport and d/b/s Parlier Equine Transport and Carriages in the sum of $31,000.00 for actual damages, $93,000.00 in punitive damages and $20,000.00 in attorney fees, for a total Judgment in the amount of $144,000.00.