Investor Sues Van Buren Stable over Racehorse's Arkansas Pedigree

by Arkansas Business Staff  on Monday, May. 26, 2014 12:00 am  

A Hot Springs woman who bought a $20,000 horse to race at Oaklawn Park in Hot Springs never got out of the gate.

Nancy Pierce is suing the sellers of the horse, Burning Sands Stable LLC of Van Buren, and its principal, Dan Bearden of Fort Smith, for allegedly saying the horse was Arkansas-bred when it wasn’t, according to her lawsuit filed in Crawford County Circuit Court.

Pierce bought the horse before the 2014 racing season so it could be entered in races for only “Arkansas bred” thoroughbreds, the lawsuit said. But when she tried to register the horse, Pierce discovered that the horse, called Malleable, was actually bred in Kentucky, the lawsuit said.

Pierce wanted her money back and to return the horse, but neither happened. Pierce sued Burning Sands and Bearden on several grounds including fraud.

Bearden has asked that the lawsuit be thrown out. And he said that he made no statements to Pierce “whether the horse was ‘eligible to race in Arkansas only restricted races,’” the filing said.

And they’re off.



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