Driver kills dog, then sues owners for damage

[Hum]

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. :blink:

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[Rudy]

I hope the guy wins and the counter suit fails, it might sound a bit harsh but you should be responsible for your pet

[MightyJordan]

I'm backing the Munthes on this one. Good on them to countersue the idiot. It's the driver's fault. He's probably lying about the "$1,100 damage" to his car. It's a '97 Civic! You can buy one for that price!

[fusi0n]

I hope the guy wins and the counter suit fails, it might sound a bit harsh but you should be responsible for your pet

I fully agree with you.

[Rudy]

I'm backing the Munthes on this one. Good on them to countersue the idiot. It's the driver's fault. He's probably lying about the "$1,100 damage" to his car. It's a '97 Civic! You can buy one for that price!

$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.

[jwjw1]

I'm backing the Munthes on this one. Good on them to countersue the idiot. It's the driver's fault. He's probably lying about the "$1,100 damage" to his car. It's a '97 Civic! You can buy one for that price!

yeah, your so right....that car owner shouldn't be driving his car on the road :rolleyes:

[matt4pack]

So who would this guy be suing if he had hit a dear instead of someone's dog? Mother Nature I guess.

[IceBreakerG]

So who would this guy be suing if he had hit a dear instead of someone's dog? Mother Nature I guess.

When someone opens their door and their dog bolts out immediately into the street, how is that the driver's fault? You can't compare this to a "deer" being hit, because there's a good chance he might not even live to sue anyone. His car would be totalled and insurance would/should cover it. But, I guess you could sue the city/county if you really wanted to. I'm with Ely on this, as it really is the owners responsibility. They shouldn't have allowed their dog to run out of the house into the street. If they were so concerned about the busy street, they should've kept the dog from doing this. You'd think they'd know how their dog acts, and this probably isn't the first time the dog has done this or tried to do this, but it's definitely the last time :unsure:

[leesmithg]

I hope the guy wins and the counter suit fails, it might sound a bit harsh but you should be responsible for your pet

Correct, why should the driver have to fork out for damage to his motor vehicle that he did not cause.

So who would this guy be suing if he had hit a dear instead of someone's dog? Mother Nature I guess.

Use your noodle.

In the UK and I guess every other country that has Deer in large concentrated numbers, you see a sign telling you to slow down and be carefull.

[shakey]

His insurance should cover this anyway.

There is no reason for the owner of the dead dog to pay. Accidents happen. If the dog bolted out, yes, bad on the owner, but we all know, we arent in controll of everything we have/do/whatever. The guys insurance should cover this, enough loss already.

[Hell-In-A-Handbasket]

yes its the drivers fault that the owner doesnt keep their dogs fenced in or on a leash

says the dog squeesed past the owner when letting her other dogs in, and ran for the road. obviously there is not a fence/barrier, and the owner had other dogs letting them roam free

i say let the car owner win

[remix17]

You own the dog so you are responsible for everything your dog does. Plain and simple.

[dysmatik]

You own the dog so you are responsible for everything your dog does. Plain and simple.

I agree 100%

[leesmithg]

His insurance should cover this anyway.

There is no reason for the owner of the dead dog to pay. Accidents happen. If the dog bolted out, yes, bad on the owner, but we all know, we arent in controll of everything we have/do/whatever. The guys insurance should cover this, enough loss already.

No, the Dog owner should cover all costs.

If the guy claims on his insurance then his premiums go up.

[Lasker]

You own the dog so you are responsible for everything your dog does. Plain and simple.

I agree too, is your responsability

[spacer]

You own the dog so you are responsible for everything your dog does. Plain and simple.

^ What this guy (gal?) said.

[slippery]

In the U.S. there is a law referred to as the "leash law". It's to protect both the owner of the pet (from getting sued beacuse it was loose), and on the other side equally - the general public. So, as it's set, if even by accident your pet gets loose, wether by the leash breaking, or it gets out past you as you open the door, its still the law - you are responsible to see that the pet "tethered" when outside. It may truly have been a mistake, and believe me, I am a dog lover, but the same applies to me, and I am most assuredly aware of what I have to do when taking my pooch outside. Plain and simple, the dog owner is at fault - even if by accident.

[sweetsam]

As tragic as the dog owners loss is in this case they should have been more careful. If they have owned the dog for sometime then they should be aware of such behavior. In that case the first thing to do would be to get a leash. What if it went after someone ? I think all dog owners should have their pets on a leash for safety reasons.

[Hum]

^ Maybe you'd like to 'leash' children as well ... ? :laugh:

[PermaSt0ne]

it's 100% the dog owners fault and they need to pay up

but he won't win money for court fees or time taken off work. so he'll get like $400 for his bumper and radiator

[Rohdekill]

There is a huge difference between a deer and a domesticated animal such as a dog - which can be easily trained to act on command.

If the owner found it difficult to train the animal, leash it, then open the door. Most states/cities require pets to be fenced in or leashed at all times.

If you want to stretch your comparision to the furthest degree possible and compare children to dogs, I say if they are hit both are the owner's fault.

[majortom1981]

In ny you are responsible for hitting a persons pet . also its a minio pincher come on how much damage can it do? I dont know this states laws on the subject though.

[strekship]

In ny you are responsible for hitting a persons pet . also its a minio pincher come on how much damage can it do? I dont know this states laws on the subject though.

Well depending on the speed he was going, the 13lb dog could have done enough damage.

[Ferret]

No law suit ! Pay it yourself you scrounging little **** !

[PixilEyes]

Im curious. If this was a toddler instead of a dog, would he have still sued? Would opnions on this board be different?

In ny you are responsible for hitting a persons pet . also its a minio pincher come on how much damage can it do? I dont know this states laws on the subject though.

It could of been "hooked up" and very low to the ground.