Minnesota appeals court upholds $1.5 million award for care of miniature ponies

A rural Minnesota veterinarian is poised to collect at least $1.5 million from the Animal Humane Society (AHS) after the state's Court of Appeals upheld the award by a Martin County jury.

It could be the end of a case that began more than four years ago, when Dr. Shirley Kittleson got a call from the society asking her to care for more than 70 miniature ponies that were being removed from a breeder who was mistreating them.

Kittleson took the ponies to her horse farm outside Sherburn, Minn., gave them medical care and sent a bill for $43,000, including $25 a day for boarding each of the six dozen tiny horses. The Humane Society thought that was too much and refused to pay.

That set off a long legal battle, with Kittleson continuing to send a bill every month. When the jury finally agreed the veterinarian should be paid her regular rate for care, the original debt had multiplied into seven figures.

The Humane Society appealed, resulting in the decision issued late last month. With interest, the award now totals more than $2 million, according to Mankato attorney Cory Genelin, who represented Kittleson.

Kittleson said she's relieved that the case is drawing to a close. She said she was optimistic about winning and simply continued with her usual routine as the case wound through the courts.

"I hope it's finally over," Kittleson said, adding that the Humane Society "could have saved a lot of money if they had just paid the bill."

The ponies are no longer with her, Kittleson said. She took them to a horse sale in New Orleans last fall and placed them all with new owners — including about six foals that were born while Kittleson had the herd.

"So I think they've all got happy homes now," she said.

In a statement, the Humane Society said it was "deeply disappointed" in the decision.

"Sadly, the 72 horses became pawns in this case, which ultimately sought a large and unreasonable payout from a respected nonprofit organization that is devoted to helping animals," the society said.

"AHS has strong working relationships with veterinary, animal welfare and law enforcement partners across the state. We know our humane agents acted in good faith, both in assisting law enforcement with the removal of the horses and in their dealings with Kittleson."

The society said it would appeal the decision to the Minnesota Supreme Court. But based on his decades of experience, Genelin said he doubts the high court will agree to hear the case.

The Court of Appeals decision is pretty straightforward, he said, "and the Minnesota Supreme Court typically only takes up a case if something unexpected happens. So I expect we're close to getting it done."

Kittleson doesn't have big plans for the money, but said there are a few things her practice could use.

"We might update the building a little and get some new equipment," she said. "We've been afraid to make a list until it actually happens."