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When You Run Over a Dog, Don't Sue the Owner

published May 09, 2008

By Author - LawCrossing
Published By
( 38 votes, average: 4.9 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.
05/09/08

But one time it's better to leave the subpoenas at home is when you run over someone's dog. Especially when it's a brain-damaged dog and is very small. For one thing, it looks heartless. For another, what are the chances anyone will buy that a small dog has injured your car? Any attorney would probably say this lawsuit has no chance.

However, Jeffery Ely of Duluth, Minnesota, apparently thinks differently. On January 4th of this year, he was driving along near Duluth. That's when Fester, a miniature pinscher, ran into the road, only to be killed by Ely's vehicle. Fester was a small dog: around 5.8 kilograms or 12 pounds, 12 ounces. That's pretty small for a dog.

Not only was Fester small, but he was brain damaged. Ely, however, is suing Fester's owner for around $1,100 to pay for the damage to his car, time off from his job to repair said car, and court fees.

Now, I've run over a few critters in my time (by accident, of course), and I don't know that I'd be all that worried about a 12-pound miniature pinscher causing horrendous damage to my car — certainly not $1,100 worth. But Ely claims that although he feels sorry for the dog's loss, the owners were responsible.

The owners, understandably, disagree — they are countersuing for $2,400.

Still, at least Ely hasn't gone to the extreme of Tomas Delgado from Spain, who sued the family of a child on a bicycle for damaging his Audi while Delgado ran over and killed him.

published May 09, 2008

By Author - LawCrossing
( 38 votes, average: 4.9 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.

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