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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: ml/nj
I guess it wouldn't occur to you that the driver of the car might be "traumatized" too about killing the dog.

Yeah, right. That's why he's suing the owners for damage to his 11 year old car.

:::rolls eyes:::

21 posted on 05/07/2008 7:02:21 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: Red Badger
My home owner’s insurance will not cover any damages my dogs do.

Really? I've never owned a dog, so I hadn't considered the coverage. I assumed it would be covered, when reading this story.

An armadillo would be like hitting that 13 lb. rock!

22 posted on 05/07/2008 7:03:11 AM PDT by Tax-chick (Yes, but how does that help?)
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To: Cecily

They are going to lose.


23 posted on 05/07/2008 7:03:53 AM PDT by QQQQ
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To: MEGoody
Sorry for the guy's car, but I have no respect for someone who is doing what he did in these circumstances. I hope he loses.

If he had been jogging instead of driving, and the dog rushed out and bit him, causing $1100 worth of medical bills, would you feel the same?......

24 posted on 05/07/2008 7:04:07 AM PDT by Red Badger ( We don't have science, but we do have consensus.......)
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To: Dan Nunn

The owner is responsible for the damages done by his animal. Grit your teeth, pay the bill, and move on.

The simple way to avoid such liability is to not have a dog. To me, they are worth the price, and I will pay for the damage they might do.


25 posted on 05/07/2008 7:04:11 AM PDT by gridlock (The natural state of the world is Darfur. The freakish aberration is America - - Ann Coulter)
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To: L98Fiero

“I haven’t hit anything recently except my lawnmower.”

Why were you driving through the yard and which kid was mowing?


26 posted on 05/07/2008 7:05:34 AM PDT by Rebelbase (Carbon is the fifth most abundant element on the planet.)
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To: Red Badger
He hit a armadillo on the interstate and there was a perfectly shaped silhouette of an armadillo right in the middle of the front of his van.........IIRC, it was nearly $1000 damages.......in 1979.

Why would your repair such a thing. Just reinforce the edge from the back, maybe pick it out with a little pinstriping, and drive with pride!

It's not a bug, it's a feature!

27 posted on 05/07/2008 7:07:01 AM PDT by gridlock (The natural state of the world is Darfur. The freakish aberration is America - - Ann Coulter)
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To: Red Badger

When my son and I were walking home from the poll last night, a dog owner let a yellow lab the size of a bear out of the garage. It rushed up to us, gasped, and then collapsed and started licking my son’s feet. The owner kept saying, “Don’t worry! He won’t hurt you!” while the obese animal sighed and slobbered on Tom’s toes.

That said, I don’t like dogs that bark and chase me when I’m running. My cats never do that to anyone.


28 posted on 05/07/2008 7:07:43 AM PDT by Tax-chick (Yes, but how does that help?)
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To: Tax-chick
An armadillo would be like hitting that 13 lb. rock!

Yes they are compact and hard as a rock! And nearly as smart.... As for insurance, my "old" Allstate policy did cover pet damages, but when they dropped us, after 25 years and NO claims, because of the hurricanes in '04-'05, we had to go with a "cut rate" insurance company (as many here in Florida had to do) and they don't cover animals..........

29 posted on 05/07/2008 7:07:46 AM PDT by Red Badger ( We don't have science, but we do have consensus.......)
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To: Rebelbase

That was me. I was putting the Purple Thing in the garage.


30 posted on 05/07/2008 7:08:29 AM PDT by Tax-chick (Yes, but how does that help?)
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To: MEGoody

Why is HE suing the owners? File the claim with his insurance company, get his car fixed, and let the insurance lawyers file a suit to reclaim the damages. That is one great reason for having insurance coverage, you get lawyers just waiting to sue someone.

Now, if the driver doesn’t have insurance, why is he allowed to drive?


31 posted on 05/07/2008 7:09:02 AM PDT by burroak
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To: Tax-chick

“An armadillo would be like hitting that 13 lb. rock! “

Nah, they splatter real good. I remember driving with my parents once through a newly opened section of interstate highway in Louisiana one morning. The amount of armadillo road kills in a two mile stretch looked like Omaha Beach on D-Day.


32 posted on 05/07/2008 7:10:05 AM PDT by Rebelbase (Carbon is the fifth most abundant element on the planet.)
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To: Red Badger
But more to the point, if the dog was a cow that got out and destroyed some property, would he not be entitled to damages?

About 600 (probably more) years of common law legal tradition says yes.

33 posted on 05/07/2008 7:11:31 AM PDT by 1rudeboy
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To: Rebelbase

Maybe it depends on what you’re driving.


34 posted on 05/07/2008 7:12:00 AM PDT by Tax-chick (Yes, but how does that help?)
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To: gridlock
The owner is responsible for the damages done by his animal.

I love my dog but I would understand completely if I was held responsible to any damage he did to someone else's property. If I did not know this was Freerepublic I would think I was on a Democratic Underground thread. I though one of the main things people who post here have in common is their respect for individual responsibility.

35 posted on 05/07/2008 7:13:30 AM PDT by Zevonismymuse
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To: burroak
if the driver doesn’t have insurance, why is he allowed to drive?

Hello??

Most States requite liability insurance. None require collision/comprehensive. Getting ones own insurance company involved is like asking them to raise your rates.

ML/NJ

36 posted on 05/07/2008 7:14:58 AM PDT by ml/nj
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To: Dan Nunn

Ranchers know that they will be held liable if their animals wander into traffic. This is old and established law.

Don’t know why it would be different for loose pets.


37 posted on 05/07/2008 7:16:30 AM PDT by Jedidah
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To: Rebelbase
My neighbors had a large dog that was out running loose a lot. The dog also had an obsession with moving cars; it would run right at our tires.

I always said that if I ever hit the dog, I was going to sue them for the damage.

38 posted on 05/07/2008 7:17:18 AM PDT by Dianna
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To: Dan Nunn
I am a dog owner and lover and in this case I think they owners are responsible for damages however I do question the claim by this man on the amount of damage..... IMO he is looking to get some pre existing problems fixed
39 posted on 05/07/2008 7:17:20 AM PDT by Kimmers
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To: burroak

That is an EXCELLENT question, sir.


40 posted on 05/07/2008 7:18:10 AM PDT by Arkansas Toothpick
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