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Driver kills dog, then sues owners for damage
lastcall at 4:29PM, May 12, 2008
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I think this is silly that it's even in court--but I'm on the driver's side on this one. ...The countersuit is just ridiculous.

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Driver kills dog, then sues owners for damage

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.


Pieces of the bumper were propelled into the radiator when it hit the dog, Ely said, necessitating a replacement. Ely maintains he didn't have problems driving until after the accident and that the radiator issues were not pre-existing.

Ely said he feels sorry for the Munthes' loss but, as a dog owner himself, feels that they must be responsible for their pets' actions.

"I have complete compassion for them," Ely said. "I know how it feels. I love dogs. But once you get them, they are your responsibility."

Munthe said she has always been worried about the busy road the family lives on.

"We would have never let him off-leash because we're so terrified of this road," she said.

The case will be heard in St. Louis County Court on Friday.

The Munthes have filed a $2,400 countersuit against Ely for the cost to buy Fester, the time they had to take off work for court appearances, and the cost of buying a dog to replace Fester.
last edited on July 14, 2011 1:28PM
Hippie Van at 7:22PM, May 12, 2008
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That's just horrible. That family must be devastated right now(I know mine would be if something like that happened) and this guy wants to take their money, too? This doesn't seem like it was anyone's fault, and it is ridiculous that it is in court. Both Ely(who lost a bumper) and Munthe(who lost a treasured member of the family) should take care of their losses separately.
last edited on July 14, 2011 12:48PM
ozoneocean at 4:18AM, May 13, 2008
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It's stupid. It should be thrown out and he should be punished for wasting court time. That carp is what insurance is for. If he doesn't have it or it doesn't cover his problem, tough luck, he's being a f*****g idiot.

Waste of court time.
 
last edited on July 14, 2011 2:31PM
lastcall at 4:01AM, May 14, 2008
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ozoneocean
Waste of court time.


I agree, but unfortunately we get sue-happy in the U.S. and this is pretty common. ...I rememeber a TV show called "Pet Court" that was like "The People's Court" only with plaintiffs and defendants suing each other over their pets.
last edited on July 14, 2011 1:28PM
bluebot092 at 12:38PM, May 14, 2008
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itsl iek osmeone killing a fmaily member becuae they steped on thwir shoes accidently and hten expecting an apology
I don't have ADD you're just boring me.
last edited on July 14, 2011 11:28AM
anonymousposterchild at 1:50AM, May 15, 2008
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bluebot092
itsl iek osmeone killing a fmaily member becuae they steped on thwir shoes accidently and hten expecting an apology


Uh... no. Learn to read. The dog ran out in front of the car and damaged it. The pet owner has to take responsibility for the pet's actions.
Official DrunkDuck curmudgeon
last edited on July 14, 2011 10:53AM
bluebot092 at 2:01AM, May 15, 2008
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-.- wouldnt he see it?
I don't have ADD you're just boring me.
last edited on July 14, 2011 11:28AM
crocty at 8:20AM, May 15, 2008
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bluebot092
-.- wouldnt he see it?
Not if it ran in front of the car and damaged it.
THIS NEW SITE SUCKS I'M LEAVING FOREVER I PROMISE, GUYS.
NOT BLUFFING, I'M GONE IF YOU DON'T FIX IT.
Oh god I'm so alone someone pay attention to me
last edited on July 14, 2011 11:52AM
Hippie Van at 8:50AM, May 17, 2008
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I don't know about where you guys live, but where I live a person can run RIGHT IN FRONT of a moving car and if they are hit, the driver is still at fault. To change the law for a pet is speciesist.

And quite honestly the dog running out there isn't the owner's fault either. Dogs can be very fast so there's really no way she could have prevented it. Especially since, according to her story, the dog wasn't even outside off a leash, it simply managed to get past her to run into the yard.

If bluebot could learn to spell I might agree with him(sorry but it's hard to understand when there are so many typos man).
last edited on July 14, 2011 12:48PM
Croi Dhubh at 12:33AM, May 23, 2008
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In Colorado, if a person runs out in front of a car and gets hit, they get a ticket for crossing illegally. Also, pets are considered property, so if someone causes their property to damage the property of another, then they are at fault.

The driver would be awarded the damages, regardless of how much people love dogs where I am. Trust me, it's bad how much they love their dogs here... If I have to shoot someone, I pretty much have to say they kicked a dog and THEN tried to kill me before I would be considered justified by the public.
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last edited on July 14, 2011 11:54AM
ozoneocean at 2:26AM, May 23, 2008
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I suppose it just depends on where it happens ;)
 
last edited on July 14, 2011 2:31PM
darrell at 10:28AM, May 23, 2008
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Hippie Van
I don't know about where you guys live, but where I live a person can run RIGHT IN FRONT of a moving car and if they are hit, the driver is still at fault. To change the law for a pet is speciesist.


Are you sure about that? Because I've never heard of a person being charged for something like that. The only time I've seen people charged is when they leave the scene or there were other circumstances (such as they ran a red light). To charge someone for something they have no control over (because, provided they are going at a decent speed, there is no way they could stop in time) would be very questionable. Though their insurance may go up.
last edited on July 14, 2011 12:08PM

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