World Heritage Animal Genomic Resources (WHAGR) claimed in a complaint filed in the Eastern District of Kentucky on Friday that the defendants who leased them property disposed of animal carcasses illegally and negligently, contaminating a portion of the land with salmonella. The plaintiffs, who preserve rare and endangered animals and promote the animals’ breeding and genetic storage, alleged that the defendants misled them, and continued the fraud after the new owner’s livestock were infected.
Because of the alleged misconduct of the defendants, Alton, Brenda, Phillip, and Patricia Stull, the plaintiffs are not allowed to move their animal herds according to federal laws. The plaintiffs claim their animals cannot be moved until an expensive decontamination process is completed.
The complaint further alleged that the plaintiffs, WHAGR and Lucinda Christian, were not told about a known dangerous dog, owned by Phillip Stull and kept on land adjacent to the property, which killed and destroyed the plaintiffs’ livestock, including a rare rooster and a rare newborn horse. The plaintiffs claim the destruction of the newborn horse’s placenta caused a “loss of potential gene therapy,” and “loss of use and downfall of the horse’s grandfather.”
The dog was allegedly loose because its owner did not have the electric fence charged. The plaintiffs further vaccinated all of their animals for rabies because the defendants would not produce vaccination records for the dog.
WHAGR claims that the defendants concealed this information and thus breached their contract to sell the land, which was made in October 2018. The company alleged that its efforts of preserving endangered animals was put at risk because of the actions of the defendants.
“During the pre-contract negotiations and again during the due diligence period provided under the purchase contract WHAGR asked the Stulls if any animals on the Property had been diseased and if any animals owned by the Stulls had died on the Property,” the complaint stated. “The Stulls answered “no” to both questions.” The Stulls also claimed that few beef cattle were kept on the property, which was allegedly false. At least 2 carcasses from cows were on the property and hid with vegetation, rather than being disposed of in a sanitary way.
In December 2019, the plaintiffs’ animals “began dying unexpectedly and at an unusually fast rate” and were diagnosed with Salmonella which was found in the soil of the property. This caused the plaintiffs to discover the defendant’s cow carcasess within 100 feet of a pond and upland from the contaminated soil. The cows allegedly died of a salmonella infection.
WHAGR claimed the property they purchased from the defendants is useless for the purposes they intended. They also claim Christian has suffered emotional distress from the situation which has manifested itself physically.
The defendants, since they were told the land was infected by the plaintiffs, have allegedly tried to dissolve the contract and threatened to evict the plaintiffs, but the plaintiffs claim they can’t leave until the decontamination process is completed.
The plaintiffs, represented by Stein Whatley Attorneys, asked for temporary and permanent injunctive relief, and relief from damages caused by the negligence of the defendants based on the cow carcasses and the dog.
