IRONCHEF
Member
+385|6915|Northern California
I read this and probably like alot of you thought "what a prick!"  But then after thinking about it, judging him for being frivolous, I got to thinking.."What if I was driving my car down the street and someone's dog was running loose and caused my bumper to break or fall off ($1700 bumper + labor) after hitting and killing it."  Would I be out of line recouping that expensive repair?

Read for yourself how it played out, and see if you think you'd do any different, or if you'd let it go, cuz hey, you killed their dog...even though they are ultimately responsible for it.



"Jeffery Ely ran over a dog and then sued its owners for the cost of repairing his vehicle.

Ely claims in court filings that he suffered $1,100 in damages after Fester, a brain-damaged miniature pinscher, ran in front of his 1997 Honda Civic in January.

“I have complete compassion for them,” Ely tells the Duluth News Tribune. “I know how it feels. I love dogs. But once you get them, they are your responsibility.”

Nikki Munthe says Fester got out by accident. Her family has filed a countersuit seeking $2,400 in damages associated with his death."


http://blogs.usatoday.com/ondeadline/20 … r-kil.html

Last edited by IRONCHEF (2008-05-07 14:11:29)

rammunition
Fully Loaded
+143|6285
The man has a case. The dog should have been kept under control and the owner is responsible for that
FEOS
Bellicose Yankee Air Pirate
+1,182|6835|'Murka

How the hell can a minpin cause $1100 in damage to anything? They're tiny little things.

If it had been a rottie or something similar, I can almost understand. Sounds hinky to me.
“Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid.”
― Albert Einstein

Doing the popular thing is not always right. Doing the right thing is not always popular
Pug
UR father's brother's nephew's former roommate
+652|6966|Texas - Bigger than France
If he's claiming that only hitting the rodent caused it = frivolous
If he's claiming that after hitting the rodent he hit something = maybe

I say maybe, because shouldn't insurance be involved?

The other countersuit about the dead dog is frivolous...
IRONCHEF
Member
+385|6915|Northern California
You know, after seeing my wife back down an inclined driveway, and while turning to go out at an angle and snagging a corner of the bumper on a sprinkler head at the corner of the lawn...and ripping the bumper off our new 2006 odyssey...costing over $2k...AND new car seats for the kids since it is considered a "collision" by the insurance provider (CA law requires replacement of car seats if an accident occurs), so another $200ish for us to spend along with our deductible...

I can believe anything canhappen.  I've once seen a duck climb up under someone's truck and get lodged in near the belts/right suspension assembly/starter and it was found later after dropping into a belt or two and ruining the truck pretty good.  Maybe the miniature pinscher set off the airbag or busted some hydrolic lines or something.  It' doesn't take much to wrack up $1800 in damage..especially on a new car.

We now have a '07 odyssey and wife isn't allowed to park in that driveway anymore...
GravyDan
Back from the Grave(y)
+768|6356|CA
"a brain-damaged miniature pinscher."  Is there another kind?

To answser the question, yes I do believe the owner of the dog should be liable.  Most areas have leash laws, and ultimately it is up to the owner of the dog to control the pet.
IRONCHEF
Member
+385|6915|Northern California

GravyDan wrote:

"a brain-damaged miniature pinscher."  Is there another kind?

To answser the question, yes I do believe the owner of the dog should be liable.  Most areas have leash laws, and ultimately it is up to the owner of the dog to control the pet.
I take pepper spray or a nice hitting utensil (solid stick or 4d maglite) to the park for fear of a pitbull in our neighborhood coming out of nowhere to sieze upon my small children.  I abslutely hate people who let their dogs run free, and I"m not afraid to crack ribs in a dog jumping up to lick me or my kids..even the old family golden retriever.  I popped a dog at the beach once that jumped up on me while I was carrying my 6 month old child to see the waves..owner was nowhere to be seen. Grrrrr...
Turquoise
O Canada
+1,596|6829|North Carolina
This is basically a case of "pick your battles."  I'd say the suit is in bad taste, but this is more an ethical concern than a legal one.
JG1567JG
Member
+110|7012|United States of America
This exact thing happened to a good friend of mine but he hit a big dog, Great Dane or something like Marmaduke from the comics.  Here in Indiana we do have a leash law and the owner of the dog was responsible for my friends truck.  It was well over $1800 USD in damage.  The guy isn't in the wrong at all for wanting his vehicle paid for and the person that owned the dog should have homeowners insurance to cover such a thing.
HollisHurlbut
Member
+51|6421
The most frivolous part of this story is the countersuit.

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