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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: trussell

“If you don’t carry comp and collision...”

That’s the bind. If you don’t carry C/C and won’t man up , you a blood sucking leech. Get the coverage!


161 posted on 05/08/2008 5:47:26 AM PDT by burroak
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To: burroak

Older cars aren’t usually worth enough to continue to pay for full coverage...that doesn’t mean you have to lose out if you are hit by someone else.

The dog owner is liable for the damage her dog caused and that means her liability insurance should pay. If she doesn’t have insurance that will cover this situation, if she didn’t “man-up”, then she is a “blood sucking leech” and should “get the coverage”.

See the difference?


162 posted on 05/08/2008 5:51:08 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; burroak
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.

Exactly! It is that simple!

Burroak clearly does not know what he is talking about.

163 posted on 05/08/2008 6:08:20 AM PDT by Drew68
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To: trussell

Ah!

“Older cars aren’t usually worth enough to continue to pay for full coverage”

In who’s estimation? The owner has willfully declined to indemnify himself from a loss such as this and pocket the cost of the C/C premium.

This can go on forever. You use impressive words like subrogate and I speak about the ethics of living a self-reliant life. Can we agree to disagree?

None of that will matter. The car owner will have to prove negligence on the homeowners part, but that’s a discussion for another day..........


164 posted on 05/08/2008 6:13:03 AM PDT by burroak
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To: Drew68
LOL Your story is as made up as you claimed my was. But believe what you wish.

The guy is scum, and I hope he loses his case.

165 posted on 05/08/2008 6:21:49 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: Zevonismymuse

My guess is that it would depend in part on what steps the owner took to control the dog’s movements. A dog allowed to run loose? Yes. A dog that escapes confinement? Maybe...but if the owner took reasonable precautions to prevent the dog running loose, then the dog might be considered like a deer - a wild animal.

I’m not a lawyer and haven’t researched this any, so I actually have no idea how a court would approach it.


166 posted on 05/08/2008 6:23:55 AM PDT by Mr Rogers (McCain expects the democrats to concede when they realize how pure and noble he really is...)
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To: Drew68

“Burroak clearly does not know what he is talking about.”

I’ve lived long enough and voted against my self interest for the better part of 40 years.

I clearly know what it means to live a moral and ethical life, and driving without C/C coverage and using the savings to do whatever and expecting others to pony up is basely duplicitous.

I’ll wager that you would not let you child see you shoplift an item; but you will not only brag about how you can driver a junker without C/C coverage so you can spend the savings on “fun” stuff, but you will educate him to how the system works.

As Willie Nelson said about the groupies that hung around his early tours, “Just because you can, doesn’t mean you should.”

Judging from your post, I can see that you clearly don’t understand what I’m talking about either.


167 posted on 05/08/2008 6:28:00 AM PDT by burroak
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To: burroak
and I speak about the ethics of living a self-reliant life

You continue to harp on the idea of self responsibility yet you refuse to understand that same measure of responsibility should also apply to the dog owner.

168 posted on 05/08/2008 7:27:35 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

Comp and collision are not required coverages so it cannot be considered akin to stealing if you don’t carry it.

If he were liable for his damages it would be on him to bear the cost of the damages. Since the dog owner is (most likely) liable for the damages it should fall on the dog owner to bear the cost of repairs to the driver’s car.

You seem to have a one-track mind here and refuse to see the lack of logic in your arguement.


169 posted on 05/08/2008 7:53:24 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: Red Badger

back in the early 60’s i hit and killed a cow with a new peterbilt in west texas,did a lot of damage to my truck.i went to a lot of trouble to find out who owned the cow.and i found that the open range law gives the cow the right of way anywhere.i had to pay for the cow.


170 posted on 05/11/2008 12:03:38 PM PDT by old gringo
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To: old gringo
...i had to pay for the cow.

That is a dumb law, and goes against about 1000 years of common sense laws.........

171 posted on 05/12/2008 5:11:10 AM PDT by Red Badger ( We don't have science, but we do have consensus.......)
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To: Red Badger

yes i know,i just wonder if it’s still the law.


172 posted on 05/12/2008 8:51:06 AM PDT by old gringo
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To: old gringo

Apparently so......

http://www.hcn.org/servlets/hcn.Article?article_id=14595


173 posted on 05/12/2008 8:56:44 AM PDT by Red Badger ( We don't have science, but we do have consensus.......)
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To: Red Badger

i guess this law is a real money maker.


174 posted on 05/12/2008 9:37:47 AM PDT by old gringo
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To: Mr Rogers
I’m not a lawyer . . . . .

Have you considered a career in television?

175 posted on 05/12/2008 9:54:43 AM PDT by pilipo (I am officially a man without a country.)
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