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Driver sues owners of dog that struck his car near Cloquet
Associated Press ^ | May 7, 2008 | AP

Posted on 05/07/2008 6:37:34 AM PDT by Dan Nunn

DULUTH, Minn. - The driver of a 1997 Honda Civic that struck and killed a dog near Cloquet is suing the dog's owners for damage done to his vehicle.

Jeffery Ely was driving on the night of Jan. 4 when Fester, a miniature pinscher, squeezed past owner Nikki Munthe as she was letting in her other dog and ran out onto the road. Ely's car struck Fester, killing the 13-pound dog instantly.

Now Ely is suing the Munthes for about $1,100 for damage to his car, time he had to take off from his two jobs to get the car repaired, and court fees.

(Excerpt) Read more at startribune.com ...


TOPICS: News/Current Events; US: Minnesota
KEYWORDS: good4him; tortreform
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To: Drew68
"Clearly, too many pet owners on this thread don't want to be reminded that they are legally and financially responsible for the damage their pets cause."

The pet owner in this case is not legally responsible for the damages. There is no strict liability in this case and no negligence is evident. The dog is also the same size as a cat.

The only relevant statutory law that was broken here is the failure of the driver to maintain control of his vehicle and to maintain his vehicle in a safe condition. The engineering standards for all vehicles offered for sale in the US provides for sufficient mechanical integrity, that collision with a friggin' miniature pincher would have no more consequence to the vehicle than acquiring minor blood spatter. This vehicle was damn near totaled.

The driver in this case is a loser and he was probably born that way.

141 posted on 05/07/2008 10:24:15 AM PDT by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: Red Badger

Wow.....not even a close facsimile of the scenario!

Try again.


142 posted on 05/07/2008 10:34:20 AM PDT by Red in Blue PA (Truth : Liberals :: Kryptonite : Superman)
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To: Dan Nunn

Sickening.


143 posted on 05/07/2008 10:34:37 AM PDT by Red in Blue PA (Truth : Liberals :: Kryptonite : Superman)
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To: Dan Nunn
The owner of the dog is responsible for anything the dog does which includes committing suicide into a vehicle and causing damage to the vehicle. Most of the time the owner of a dog is irresponsible and lets the dog or cat run loose. I see these pitiful individuals in the clinic all of the time and the first word out of their mouth is to blame the driver....the driver on purpose ran over my (fill in the blank). The second thing out of their mouths is they want the dog treated for injuries for free and most of the time the dog has never seen a veterinarian. As bad as it sounds, the owner of the dog should be responsible for the damage their dog does even if the dog died. I would go as far to say that the owner of the dog should be fined for not controlling their animal and endangering the lives of a driver and their passengers.
144 posted on 05/07/2008 10:35:37 AM PDT by vetvetdoug
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To: ml/nj
I agree. There are several hypothetical cases being presented by the touchy feely bunch. What would the owner think if the driver had avoided the dog and run into a telephone pole resulting in the death of the driver? I have seen that happen several times where the owner of the animal is responsible for the death of a human because of their irresponsible actions yet no one says a damn thing. The owner of the dog should be grateful their accident of letting the dog get past them didn't result in the death of a human. I hate touchy feely liberal anthropomorphic animal apologists.
145 posted on 05/07/2008 10:44:52 AM PDT by vetvetdoug
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To: savedbygrace
I don't see any of the bleeding hearts attacking the engine and car repair shop for charging the owner of the car for damages incurred by an accident with the vehicle. Why aren't the pathetic pantywaists blaming the repairmen for charging? After all, it was just an accident. Had the dog been injured and not killed, would they expect the veterinarian to try and save and repair the dog for free just because it was an accident? People should be responsible for their actions and the actions of those to which they are in charge. I have compassion for animals but someone has to pay the bill...why not the responsible individual instead of the Socialist mantra posted several times here.
146 posted on 05/07/2008 11:02:58 AM PDT by vetvetdoug
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To: Beelzebubba
Which does not mean that the owner is not responsible for damages caused by their dog.

Generally, I would agree, but there are problems in this instance.

First of all, the guy had to be going pretty fast through a residential area not to see the dog coming, and to have a 13 pound dog do this much damage. (Either that, or his car was falling apart anyway and it didn't take much to cause the damage.) Keep in mind that a 13 pound dog is not that tall, so he had to hit the dog hard enough to force it up high enough and have it hit the grill hard enough to do this damage.

Second, why the heck doesn't this guy go to his insurance and let them go after the homeowner's insurance. Why is he personally suing these people?

I think this guy is a weasel, and I hope he loses.

147 posted on 05/07/2008 11:39:04 AM PDT by MEGoody (Ye shall know the truth, and the truth shall cause you to vote against the Democrats.)
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To: Dan Nunn

25 or 50 years ago, cars had metal in them and wouldn’t have sustained so much damage and hence been so costly to repair.

All you folks going on and on about how this was an “accident” are mistaken. If the dog isn’t in the road, the “accident” doesn’t even happen—aren’t there leash laws in this county?

As for the idiotic countersuit—how is the dog still worth the price it was paid for when it was a brand spankin’ new puppy? Dogs don’t depreciate? They don’t want their “grief” prolonged? It’s a dog, cupcake, not a human being. Go to the pound and get another one for 40 bucks.

And why do people always have to introduce irrelevant tangential hypotheticals into these discussions? We’re not talking about a child wandering into the street or Judge Judy or anything else. Try to stick to the topic.


148 posted on 05/07/2008 11:44:15 AM PDT by j-damn
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To: Drew68
He wasn't cited for speeding or careless driving and his previously running car was rendered inoperable after the bumper damaged the radiator.

Pretty easy to deduce that either he was speeding or his car was already falling apart. A 13 pound dog is not tall enough to hit the grill of a car unless it is hit hard and fast enough to force it up into the air so that it hits the car again hard enough to force parts of the grill into the radiator.

And it is likely he wasn't cited because a cop didn't see the accident. I didn't see anything in the article to even indicate a police report was filed. If not, then of course he wouldn't be cited.

It is quite interesting that this guy isn't working through his insurance company who would then go after the homeowner's insurance. Wonder if he even has insurance.

This guy is a weasel, and I hope he loses his lawsuit.

149 posted on 05/07/2008 11:45:56 AM PDT by MEGoody (Ye shall know the truth, and the truth shall cause you to vote against the Democrats.)
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To: Arguendo

“Say you decline to buy homeowners insurance which covers against theft, and someone steals/destroys your $5000 plasma TV. You’re saying that if you insist that party repay you the $5000, you’re a net winner because you get the $5000 and you got to spend the money you would have spend on homeowners insurance premiums? Does this really make sense?”
_______________________________________________________________
There are so many things wrong with that statement that it does not qualify as an analogy.

In the real world, you will never recover the value of the TV from a perp -get real.

Yes, it makes sense. The guy declines coverage which he should pay for and still have coverage for losses (in the form of damages).


150 posted on 05/07/2008 12:47:43 PM PDT by burroak
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To: MEGoody

When you can’t argue on principle, make up facts. Good strategy.


151 posted on 05/07/2008 1:05:28 PM PDT by Atlas Sneezed (Guns donÂ’t kill people, criminals and the governments that create them do.)
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To: burroak

If someone else is responsible for the damages, why should he have to pay for them or for insurance to cover them? Either way it’s money out of his pocket (either in the form of insurance premiums if he chooses to buy insurance, or repairs if he does not) for something for which someone else is responsible.


152 posted on 05/07/2008 1:25:54 PM PDT by Arguendo
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To: Beelzebubba

So explain to me how a 13 poung dog hits the grill of a car. If you can’t, then YOU are making up facts, because a 13 pound dog isn’t that tall.


153 posted on 05/07/2008 1:44:51 PM PDT by MEGoody (Ye shall know the truth, and the truth shall cause you to vote against the Democrats.)
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To: MEGoody
So explain to me how a 13 poung dog hits the grill of a car. If you can’t, then YOU are making up facts, because a 13 pound dog isn’t that tall.

Dog doesn't need to be tall.

Here's a 1997 Honda Civic:

He strikes the dog on the air dam under the license plate. The air dam disintegrates sending shards of sharp plastic upwards into the radiator located behind and slightly above it. The sharp plastic pierce the radiator with ease rendering the car inoperable until the radiator is repaired.

154 posted on 05/07/2008 3:56:16 PM PDT by Drew68
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To: GovernmentShrinker

Why automatically assume this is a “residential” street with a 25 or 30 mph speed limit? I live on a state highway with 55mph speed limit & the pavement is throwing distance from the house. Many people in the Midwest live in rural areas where highway speeds are perfectly legal.


155 posted on 05/07/2008 6:40:28 PM PDT by amiJay
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To: amiJay

I didn’t assume any particular speed limit. Clearly it was a street with a house close enough that a dog could dart out of the house and get hit almost immediately. I have serious doubts as to whether hitting a 13 pound dog even at 55 mph could send pieces of bumper flying into a metal radiator hard enough to do damage that requires replacement of the radiator. People hit groundhogs and raccoons at 55 mph all the time, and it usually causes little or no damage to the car — certainly doesn’t disintegrate the bumper and send pieces of it flying through the metal of the radiator.

And any time one is driving on a street to which homes have direct access, one had better be darn sure to keep an eye on the sides of the road and be able to stop in time to avoid hitting a child who might dart out. “But I wasn’t exceeding the speed limit” won’t fix it if you hit a child.


156 posted on 05/07/2008 7:02:00 PM PDT by GovernmentShrinker
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To: sharkhawk

Hitting an animal is covered under comprehensive, not collision.


157 posted on 05/08/2008 4:56:10 AM PDT by trussell (I carry because...When seconds count between life and death, the police are only minutes away)
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To: burroak

If a 85 ford is hit from behind by an 08 Lincoln...the 85 ford doesn’t have comp and collision, should they have to pay for their own repairs or should the 08 lincoln’s liability insurance cover the damages?


158 posted on 05/08/2008 5:16:44 AM PDT by trussell (I carry because...When seconds count between life and death, the police are only minutes away)
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To: trussell

What’s your point?


159 posted on 05/08/2008 5:28:30 AM PDT by burroak
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To: burroak

It’s not the responsibility of the injured party to pay for their own damages. Comprehensive and Collision will pay for your own vehicle under these conditions but will subrogate against the other party to recoup the losses...including your deductible.

If you don’t carry comp and collision, you have to go through the insurance of the other party for your damages. If the other party has insurance that will cover their liability, they should turn the suit over to their insurance and let them handle it.

If the other party doesn’t have insurance to cover it, it becomes a civil suit between two individuals.


160 posted on 05/08/2008 5:40:23 AM PDT by trussell (I carry because...When seconds count between life and death, the police are only minutes away)
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