Showing posts with label dog bite. Show all posts
Showing posts with label dog bite. Show all posts

Monday, September 10, 2012

People's Court Blog - 9 10 2012 - Monday

The Dog Bit My Penis
I apologize for not having the names for the plaintiff and defendant. Due to technical difficulties I missed the first few minutes of the show.
The plaintiff is suing for $6000.00. This is for the pain and suffering from a dog bite to his penis and his hand. When the plaintiff entered the defendant's home, he was attacked by their dog. The dog first grabbed his private area and latched on. The plaintiff was trying to protect himself and get the dog to let go and then the dog bit his hand. The plaintiff went to the emergency room for treatment. The plaintiff claimed he had puncture wounds in his penis. The Judge read the medical reports and this was not confirmed. The plaintiff claimed his girlfriend would not have sex with him. She was in court to testify and did not confirm this information. She said they had to wait a little bit but then if was okay. The plaintiff claimed he now had permanent injuries to his private area. The medical reports do not confirm this. 

Why did the dog bite him? It seems that the defendant's Labrador does not like unfamiliar people in the house. The adults of the house thought the dog was locked up . According to the defendant, the dog has not bit anyone in the past. The reason for locking up the dog is because he gets aggressive ever since they were robbed. It seems the dog was beaten during one of the robberies. This dog is just acting like a dog. It is up to the owners to keep everyone safe. The plaintiff did suffer bites to his hand, he had to get several stitches. The trauma to his penis was physical as well as emotional. He wants to receive the maximum amount of money he can because of the indignity he suffered. The Judge awards him $2,000.00 since he did experience some pain and suffering. The plaintiff does not feel this is enough for the misery and humiliation he has to suffer for the rest of his life.

I think it is terrible that the plaintiff was attacked. He is very fortunate his injuries were not much worse. The dog owner needs to take responsibility for the dog's actions. Having a dog that behaves in this way in a home with young children is asking for trouble. This dog is unpredictable and cannot be trusted. I would hope the family consults an animal behaviorist as long as they are intent on keeping the dog. There is always the chance this could happen again. What do you think?

I Am Here For My Money!
Brian is suing his cousin, Shawn, for $60.00. Yes, this case is about $60.00, It cost Brian $40.00 to file the lawsuit to get back the $60.00. Usually when this occurs it is about the principle. Someone is trying to prove a point. Not in this case! Brian makes it very clear, he just wants his money back. He is not here to teach anyone a lesson. He is here to entertain. Brian is a very engaging man! He is very good with the one-liners. He says he must be living in an Annie musical. The reason for this is that when he asks Shawn for the money back, he tells him tomorrow, tomorrow! Even the way Shawn got the money was entertaining. It seems that the day before Brian got paid he told his wife that money did not grow on trees. When he cashed his paycheck, he took the money and hung it on a ficus tree in their livingroom. I am sure this was very amusing. That same day Shawn came over and asked to borrow money. Brian could not tell him that he did not have any money since Shawn saw the money tree in the livingroom. Brian told Shawn to take some money off the tree. Shawn took $60.00. Shawn told Brian that his mother would pay him back very soon. 

The best part is that Shawn's mother, Carlene, is in court to testify for Brian. Shawn feels that since his mom is going to testify against him, he does not have a chance. A chance of what? He borrowed the money. Now pay it back. Shawn says he has been unemployed and could not pay Brian back. It is $60.00, pay your cousin back! The day that Shawn started a new job, Brian filed to get his money back. Brian waited a year and a half for his money. His wait is over. Shawn has to pay him back! What a shame that family winds up in court over $60.00. Why does it have to come to this? If someone is nice enough to help you out when you are in need, pay them back! What do you think?

"Happy" New Year!
Annette is suing Jon for $1500.00. Annette hired Jon's company to provide a DJ for her New Year's Eve Party. She paid $300.00 for the DJ. The day before the party, Annette received a call from Jon's company and was told that the DJ was in a car accident. They offered her a refund or she could go with another company for an additional $200.00. Annette told them she would take the refund. Annette also told them she would like an e-mail confirmation. That was the best idea! The e-mail confirmation sinks Jon's testimony. Jon  tells the Judge that Annette cancelled the DJ and this is why she could not get a refund. When he reads the e-mail from his own secretary, he claims that she made up the story. Really! It looks like Jon's company was cancelling the DJ either because they overbooked or they were looking for more money. Jon denies this and maintains that Annette cancelled her party. Maybe he should have brought his secretary to court to tell her side of the story.

It gets better! When Annette contacted her bank regarding this transaction, she was given provisional credit while the bank was investigating. Jon had the nerve to lie to the bank and the provisional credit was reversed. Annette was charged by the bank and she has included these fees in her lawsuit. She is also suing for pain and suffering and the cost of a replacement DJ. Annette has turned a $300.00 lawsuit into a $1500.00 lawsuit! Does she get everything she is asking for? No, but she does get the bank fees, her refund for the DJ and punitive damages. This adds up to $668.00. The punitive damages cover the cost of the replacement DJ since Jon's actions were malicious. I think Jon needs to look into his business practices and have more respect for his customers. Annette was very smart to have requested the confirmation e-mail. This won the case for her! Also, it sounds like the New Year's Eve Party was fun and everyone had a great time bringing in the New Year!

Please share your thoughts in the comments. Thank you for joining me!

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What's life without whimsy?
- Dr. Sheldon Cooper, The Big Bang Theory




Friday, July 6, 2012

People's Court: 7-5-12 **** Lawyer **** Dog Bite ** Best Friends

Let's explore the following situations involving strangers, family and friends. Trusting people to do the right thing is an ideal that is not always achieved. When these relationships break down, the courtroom is a neutral place to find a resolution.

Jose is a lawyer who has entered into an agreement to rent a furnished room. He gave Laura $1500.00 to hold the room she was renting. Neither of them agree whether this was the first month's rent or a security deposit. He gave her cash and he did not get a receipt. Thank goodness she does not deny receiving the money. Jose is quick to explain he does have follow-up emails discussing the money did change hands. He is very fortunate these e-mails exist. Laura has even asked him to write up an agreement for the rental. He does not prepare anything for the rental and then he changes his mind about the room. It is clear that Laura is confused, since it appears that he was already moving in, he brought toiletries and bedding to leave in his room. Jose sent Laura an e-mail that he changed his mind and wanted to pick up his belongings and get back his deposit. Laura wants to keep the money because she does not have time to rent the room to someone else. Why do people allow themselves to get into such a situation? Especially Jose, after all, he is a lawyer. Of all people he should have known better. He does not even do his homework before he comes to court. He is totally unprepared. The Judge is not happy with him and tells him he is not a very good lawyer, he does not care. She advises him to use the money on night classes. He is very fortunate to get his money back; he is fortunate the laws in New York support his case. In the hallway, Laura tells us she trusted him because he was a lawyer and now she has learned the law. Jose, the lawyer, tells us that when the law is on your side you do not have to do much, although he does admit he should have done research. We do expect more of a professional and it is a shame Laura left everything to him, he was not concerned with her best interests!

This next case is one of the saddest situations; a family torn apart. Everyone gathered at the home of Ryan and Cindy. Cindy and Isabel are cousins. Isabel had 3 dogs with her; 2 puppies and a dachshund.  This is a very close family, even welcoming the dogs to join them. There were more dogs, but they were not in the yard when the attack occurred. Someone let the 2 puppies into the yard and Isabel bent down to scoop them up. Bullet, a bull terrier, ran towards her and bit her inner thigh. There is no question she was bitten, although Ryan, Bullet's owner, tries to say no one knows which dog bit her. The other dog in the yard was Isabel's dachshund. No one believes her little dog bit her. The neighbors call the police when they hear the commotion. The police think they are responding to a domestic dispute and Cindy is embarrassed. Instead of being embarrassed, she should be worried about Isabel's injuries. They go into the house and look at the wound. The skin is not broken and they do not think it is serious. Over the next few days it gets worse. The pictures of Isabel's leg are truly worth a thousand words. She has developed a huge hematoma. The blood has pooled under the skin and looks really painful. Isabel misses a month of work due to doctor's orders. She needs a medical procedure and gets stitches. So much to go through and it seems the worst part to her is that the family is taking sides over this. Isabel and Cindy have not talked since the incident. Here is an interesting twist, Ryan tells us that when Animal Control comes to the house Bullet is missing. No one has ever been able to locate him. How can this be true? So, not only does he not pay for the medical bills and lost wages for Isabel, he hides his dog! Ryan and Cindy are found responsible and have to pay Isabel. In the hallway, Cindy comments that she misses her family and Isabel tells us if it was handled differently they would not be here. After listening to these people, I hope that Isabel and Cindy can repair their relationship. Ryan should be ashamed of himself for causing such family problems. What do you think happened to Bullet!

Alicia and Ashley have been friends since high school. They decide to move in together and share the expenses of an apartment. Alicia has children, Ashley does not. Alicia pays for the first month's rent and the security deposit. She expects Ashley is going to pay her back when she has the money. Ashley never plans on paying her back. This would have been the perfect time for a written agreement. These two friends do not seem to communicate with each other. Alicia does not ask for the money because she says her friend knows it was a loan. She did not want to keep reminding her to pay her back. Ashley had no idea Alicia was expecting the money back. They both admit it was tense in the apartment, they were both upset over different things. Ashley was upset because she thought Alicia's children and guests damaged her furniture. If these two friends talked with each other, we could have avoided the loss of this friendship. Ashley moves out, still not returning the money. Remember - she still thinks it was a gift. I think she is being selfish expecting her friend to pay her way, but that is Ashley! Alicia does the right thing bringing this to court, she proves her case and she gets her money back. The insight of the hallway interview is the Ashley has no clue and Alicia is a genuinely nice person. It is clear the friendship is over and Alicia handled it very gracefully.

Please share your thoughts in the comments below. Thank you for joining me today.

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-Ralph Waldo Emerson


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Wednesday, June 20, 2012

People's Court: 6-19-12: Accountability

We all need to take responsibility for our own actions. When we do something or allow something to happen, we need to step up. Of course, if someone is refusing to take ownership of their actions, it is important to be able to address the situation. The person wronged needs to be able to prove what happened. Without proof, there is no way to hold someone accountable for their actions.

This case is so complicated you need a score card to keep track.
1, A woman asks her friend's girlfriend to help her out.
2. She has lived with her previously and asks to move in again.
3.The boyfriend and his girlfriend have violated existing restraining orders.
4. The girlfriend is sent to jail because she has also violated her probation.
5. She is on probation for stabbing the boyfriend.
6. She spends several months in jail.
7. While she is in jail many people have access to her apartment.
The actual case is about the theft of her 62 inch television. She thinks the woman living with her is responsible for the theft.(see #1 and #2) Unfortunately for her, she does not have any proof. Since   so may people have been in and out of the apartment, no one knows what really happened. There is no evidence to find this woman accountable for the theft of the television. 

A woman is walking her dog on a leash. All of a sudden a larger dog runs to them and attacks the small dog. The woman gets bit trying to keep the larger dog from hurting her small dog. A neighbor tries to help, getting the large dog to let go of the smaller dog. The owner of the dog is not home, but her mother realizes the dog has gotten out and goes to see what has happened. The woman who was bit is taken to the emergency room for medical treatment. The small dog was taken to the vet and was lucky to have only superficial wounds. The owner of the larger dog states the woman was bit by her own dog. She does not think she should be responsible for the bills. Also, since her dog is a pitbull mix, she thinks that is why she is being targeted. Since her dog caused the woman to get bit, no matter which dog did it, she would be responsible. The owner of the larger dog has made no effort to find out how her dog got out of their yard. This is not responsible behavior for a dog owner. She is held accountable for the medical and vet bills.

A tow truck driver damages a car while he is delivering it. He admits the accident is his fault, he went down a one way street. For some reason he does not feel he should have to pay for it. He says his employer could have gone through the insurance company. The employer agrees this was an option, but he would have had to fire him to satisfy the insurance company. The decision made is to let the employee keep his job and to have him pay off the damages. He denies this and says he agreed to pay  only the deductible. This does not make any sense. Why would his employer pay for these damages? Why would he think he was not accountable for his actions? And to make matters worse, he quit without notice. There is no question that the tow truck driver caused the damages and is held responsible. 

It is refreshing to watch these cases and see justice served. People should not make accusations without proof, refuse to pay when their own dog causes injuries and shirk their responsibility when they admit they caused an accident. It is time that people are held accountable for their actions.

Please let me know what you think. Thank you for joining me today.


Believe you can and you are halfway there.  -Theodore Roosevelt