Driver Kills Dog, Sues Owners

witchofthedogs · #1 05-09-2008, 05:34 AM

Driver kills dog, sues owners for damage
Jeffery Ely hit the miniature pinscher when the dog ran onto the road

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.

Canon Rock · #2 05-09-2008, 05:38 AM

that's heartbreaking

longnecker · #3 05-09-2008, 05:45 AM

A 13 pound dog broke his bumper? Damn would I love to be that Judge!!!

Kid Lester · #4 05-09-2008, 05:47 AM

Unless the Honda did not have air conditioning, I don't buy the radiator argument.

The a/c condenser shields the radiator and would have taken all the bumper impact from a 13 pound animal.

He will probably win his suit, but hopefully only for the cost of a new bumper.

Edit: I suppose it's possible that the dog could have damaged the radiator from underneath the car. I still doubt it. And I guarantee that '97 bumper was in pretty shitty shape to begin with, so I'd only give him a percentage of what it would be worth to get replaced, anyway.

Panama Girl · #5 05-09-2008, 05:58 AM

Want to bet the jerk aimed for the dog as it ran across the street?

wendy · #6 05-09-2008, 06:56 AM

I'm not made of money, but 1100.00 just doesn't seem worth the hassle. I might be irritated that my car was damaged, but I'd probably feel more badly over the dog (unless it was in attack mode and was chasing a child or other animal ).
Also, while my dogs are pretty good at staying in my yard with me I have to think that it could have just as easily been my dog doing running out like that.

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19720 · #7 05-10-2008, 03:42 PM

You know what??? The owner should have control of their animal at ALL TIMES!!!!! ALL TIMES!!!!! Thats not just on Sunday afternoon in the park, or in the front yard.... THAT'S ALL THE TIME......

I kick your dog from running in full attack mode at me, you can bet your ass that you'd be suing me for a broken jaw, or cracked skull of the canine....

Now the roles are reversed, and I hit your dog which you let loose in your yard? Intentionally or un intentionally, WHO GIVES A DAMN.... Your property was let loose and it just so happens that it damaged my car while trying to run underneith it!!!! I call "Bravo Sierra" I hope the driver of the car gets what he deserves, and then some.... Or at least fine the owner of the dog for improper care.....

Quote:

Originally Posted by Panama Girl

Want to bet the jerk aimed for the dog as it ran across the street?

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Kid Lester · #8 05-10-2008, 04:06 PM

Well, I think most agree that the owner of the dog is responsible for damages done by the animal.

Like you said, same thing as if it bit someone.

Just sort of shitty, I think.

It's an 11 year old Honda, and it sounds like he's even making shit up that's wrong with the car.

Occam's Razor...is the radiator bad because it's 11 years old, or because a 13 pound dog hit the bumper?

Personally, I'd have felt bad for hitting the dog, even if it wasn't my fault.

I'd get an aftermarket bumper for it, probably run about $350 painted and installed, and forget about it.

But that's me. I understand others may feel differently.

For $350, I don't want to sue the family of the dog I ran over. I'd rather consider it an investment in good Karma.

hockey · #9 05-12-2008, 10:57 PM

I just think there are far too many lawyers in this world.

Driver Kills Dog, Sues Owners

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