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How Much Is That Doggie In The Window? Priceless.
The Stiletto ^ | December 6, 2006 | The Stiletto

Posted on 12/07/2006 3:23:31 AM PST by theothercheek

Childless couple Denis and Sarah Scheele, currently residing in Annapolis, MD, doted over their two dogs, feeding them the same food they ate, brushing their teeth and dressing them in raincoats when the weather was inclement. One of them, Shadow, a shepherd-chow-spaniel mix, was fatally shot in 2003 by their neighbor, Lewis Dustin, after wandering onto his property.

Dustin had fired a BB pellet at Shadow's haunch to scare him off, but the shot instead pierced the dog's chest and severed an aorta. Dustin pleaded guilty to a misdemeanor charge of animal cruelty and was ordered to pay $4,000 in restitution to the Scheeles. The couple filed a civil suit against Dustin arguing that “their little boy” wasn’t mere property, he was a member of their family and his life was worth more than what they paid to acquire him.

Superior Court Judge Matthew Katz turned the Scheeles down on the grounds that Vermont law did not allow damages for the loss of Shadow's companionship or for emotional distress. The couple plans an appeal to the state Supreme Court.

They might prevail this time. Since their initial lawsuit, an appellate court in Washington state created a new tort in May – “malicious injury to a pet" – that allows a plaintiff to collect emotional distress damages.

Even if they win on appeal, the Scheeles won’t stop there. They will dedicate themselves to getting national legislation that recognizes pets as companions, not possessions.

The Scheles certainly won’t get an argument from Eve Fertig and her husband, Norman. The 81-year old couple who live near Buffalo, NY, was in their back yard when an intense snowstorm suddenly hit the area, trapping them under falling trees that the weight of the snow made impossible to move.

Their seven year old, 160-pound German shepherd-timberwolf mix, Shana, dug a 1-food wide tunnel 20 feet long under the trees and through the snow all the way to the back door of the Fertig’s home. Then Shana grabbed Eve’s jacket in her mouth and pulled her through the tunnel, while Norman crawled on his hands and knees. They all made it to the warmth and safety of their home.

NOTE: This is the third item in a feature called "The Daily Blade" and appears underneath an article titled "Even The Onion Can't Make This Stuff Up" and another article titled "Pediatricians: Viagra Ads Harming America's Children." The original source includes links to relevant articles.


TOPICS: Culture/Society; Government; US: Maryland; US: New York
KEYWORDS: law; pets; thestiletto; thestilettoblog; tortlaw
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1 posted on 12/07/2006 3:23:34 AM PST by theothercheek
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To: ShadowDancer

A hole digging dog....


2 posted on 12/07/2006 3:25:41 AM PST by dakine
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To: dakine

I'm pretty sure mine is digging that hole to bury me in.


3 posted on 12/07/2006 3:29:57 AM PST by ShadowDancer (No autopsy, no foul.)
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To: theothercheek

OMG! According to these lunatic liberals, fetuses are not people but dogs and cats are.


4 posted on 12/07/2006 3:30:23 AM PST by indcons (Think)
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To: theothercheek
"their little boy” wasn’t mere property, he was a member of their family and his life was worth more than what they paid to acquire him"

Actually had a like maniac argue with me about the virtues of her cats (5) when trying to rent an apartment from me. She was turned down - pronto. I didn't want animals on my hardwood floors...eeeks !!!

5 posted on 12/07/2006 3:32:59 AM PST by xtinct (I was the next door neighbor kid's imaginary friend.)
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To: ShadowDancer

Nice doggie...


6 posted on 12/07/2006 3:34:49 AM PST by dakine
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To: indcons

"OMG! According to these lunatic liberals, fetuses are not people but dogs and cats are."

And whats most ironic is that they way they treat their dog is NOT good for it. What a bunch of lunatics.


7 posted on 12/07/2006 3:36:23 AM PST by driftdiver
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To: dakine

You know what his favorite things to eat are? Crackers.


8 posted on 12/07/2006 3:39:21 AM PST by ShadowDancer (No autopsy, no foul.)
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To: ShadowDancer

Funny...


9 posted on 12/07/2006 3:40:17 AM PST by dakine
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To: driftdiver

Hey neighbor! Keep your "little boy" on your side of the fence...


10 posted on 12/07/2006 3:41:07 AM PST by chadwimc
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To: theothercheek

I have two cats that my wife and I deeply love, and we enjoy their company. We take good care of them, take them to the vet when they're sick, occasionally buy them toys that they don't play with, make sure they have good food and such.

But I've only got ONE child, my 11-month-old daughter. They aren't my "boys," they're my pets, and if it ever came down to it, I'd sadly give them up.

It's all about perspective, which these people don't have. I don't believe pets are truly "disposable," I think we have a responsibility to give them the best care we possibly can because they are mostly or totally dependent upon us. But they don't rate the same as a human being.

}:-)4


11 posted on 12/07/2006 3:41:29 AM PST by Moose4 (Baa havoc, and let slip the sheep of war.)
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To: theothercheek

example of the damage caused by activist judges


"They might prevail this time. Since their initial lawsuit, an appellate court in Washington state created a new tort in May – “malicious injury to a pet" – that allows a plaintiff to collect emotional distress damages. "



as if the ROE vs Wade and or, sodomy ruling in TX wasn't

enough


12 posted on 12/07/2006 3:43:07 AM PST by sure_fine (*not one to over kill the thought process*)
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To: theothercheek

It's only a matter of time before these idiots want to marry their animals.


13 posted on 12/07/2006 3:43:32 AM PST by Fresh Wind (Democrats are guilty of whatever they scream the loudest about.)
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To: dakine

Rush mentioned this dog yesterday late in the program.


14 posted on 12/07/2006 3:45:57 AM PST by saganite (Billions and billions and billions-------and that's just the NASA budget!)
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To: Moose4

I agree with you and everyone else that this MD couple is unhinged. But that second couple's experience shows that pets may be more than mere property and maybe the law should recognize that. I don't know how far the law should go - one of the articles that The Stiletto links to notes that when a friend is killed you don't get anything for it.


15 posted on 12/07/2006 3:47:23 AM PST by theothercheek
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To: Fresh Wind

Why buy the cow when you can get the milk for free?


16 posted on 12/07/2006 3:48:05 AM PST by theothercheek
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To: ShadowDancer
"I'm pretty sure mine is digging that hole to bury me in."

LOL!!

Having my wonderful 15 year old dog pass away earlier this year...I am still in mourning. This was a very spoiled dog who thought he was part of the family..but he was proud to be a dog and not a rain coat wearing accessory. I have two sons, and certainly know the difference between pets and children. These liberals are out of their minds.

We also have two friends who are married and BOTH totally blind..they are the most amazing happy enjoyable people we know! Now their dog is a real companion animal...and part of helping them with their daily lives.

17 posted on 12/07/2006 3:52:55 AM PST by all4one (Joe Kennedy's buddy Chavez is best buddies w/Castro - What would Uncle Jack think if he were alive?)
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To: Moose4
It's all about perspective, which these people don't have. I don't believe pets are truly "disposable," I think we have a responsibility to give them the best care we possibly can because they are mostly or totally dependent upon us. But they don't rate the same as a human being.

Amen. Pr.12:10-'The righteous man regardeth the life of his beast'

18 posted on 12/07/2006 3:53:03 AM PST by fortheDeclaration (Am I therefore become your enemy because I tell you the truth? (Gal.4:16))
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To: theothercheek

So if that little old lady plows into my pet sports car, she has to pay me for the emotional distress for the loss of the companionship of my sports car.

Perhaps we should have a human companion registry....


19 posted on 12/07/2006 3:53:31 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: chadwimc

"Keep your "little boy" on your side of the fence.."

Or tell your kids to stop using my yard as a bathroom.

Or I'll have your kids arrested if they expose themselves in public one more time.

Or your kid vandalized my yard so I'm going to sue you.


20 posted on 12/07/2006 3:54:22 AM PST by driftdiver
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