Driver Kills Dog, Then Sues Owners For Damage

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.

[Staci]

I think this man, Ely, is being ridiculous. Of course the dog is the responsibility of the owner, but the fact is, it is not uncommon for something or someone to be in the road when you least expect it. As a driver it is your responsibility to avoid hitting obstacles that you didn't anticipate. Had he hit and killed their child would he still be suing for $1100.00? This man does not have the humanity that he claims to have. Had it been a stray dog would be suing the city? C'mon, Ely, stand up and take responsibility for yourself and your driving. Maybe you couldn't have avoided hitting the dog, but don't pour salt in a wound by being so petty.

[susie08]

isnt that what insurance is for? Also he might just win that fight because isnt there a leash law? You cant just have your dogs running around.

[tallyho]

THE VEHICLE DAMAGES WILL BE AWARDED ....the dog wasn't on a leash, in a confined area , or under control of the owner ... that is the law , the rest of the lawsuit will be dismissed..

[Bucky]

I think they should have to pay the damages. Makes sence to me.

[Chatty Kathy]

tallyho wrote:

THE VEHICLE DAMAGES WILL BE AWARDED ....the dog wasn't on a leash, in a confined area , or under control of the owner ... that is the law , the rest of the lawsuit will be dismissed..

Hi Tallyho, question - When I read the article I get the impression that the dog accidently got out when the owner was letting the other dog in. Would this help their case. Just curious.

[Gay Butch Guy]

As a MinPin owner I have to say that they an be handfuls. I feel so sorry for the family whose dog was killed, but the guy who killed him sounds like a nut job! I hope they win!

[Mr Logic in Jax]

First of all, why can’t these people just work this out on their own? The Munthes’ are at fault, not that they did it on purpose, but still at fault and should take responsibility for it. Mr. Ely needs to compromise a little bit to, did his car get damaged? Yes. Was he at fault no, but bad stuff happens all the time, we have no guarantee that accidents want happen. I wonder how much the attorney’s will get by the time this is over.

Second, why is this even a news story?

[bzzzz]

I ran over a german shepherd with a Pinto and didn't tear the car up. He will get his money because the dog was loose but I think he is milking it. A 13lb minpin is below the level of a bumper. The dog went under the car if at all and would not have damaged the radiator. I hope the judge has some automotive knowledge and reduces his award to something more reasonable.

[Mama Crunk]

Damn...let them just call it even...this is ridiculous.

[Jacob]

He should ask the owners to file the claim under their own insurance then sue them if they dont.

[tallyho]

Chatty Kathy wrote:

<quoted text>
Hi Tallyho, question - When I read the article I get the impression that the dog accidently got out when the owner was letting the other dog in. Would this help their case. Just curious.

no it won't the dog is in your bailment ... under your control like a child you are responsible for the actions

[tallyho]

Mama Crunk wrote:

Damn...let them just call it even...this is ridiculous.

no it is not he has car damage

[tallyho]

Jacob wrote:

He should ask the owners to file the claim under their own insurance then sue them if they dont.

under what clause .... the dog was not under CONTROL that is the key word..period.

[Chatty Kathy]

tallyho wrote:

<quoted text>
no it won't the dog is in your bailment ... under your control like a child you are responsible for the actions

Thanks. It is a shame but I see your point. I hope the family takes better care for now on.

[tallyho]

bzzzz wrote:

I ran over a german shepherd with a Pinto and didn't tear the car up. He will get his money because the dog was loose but I think he is milking it. A 13lb minpin is below the level of a bumper. The dog went under the car if at all and would not have damaged the radiator. I hope the judge has some automotive knowledge and reduces his award to something more reasonable.

the law is very clear ... some people hit deer and walk away ... some people hit deer and are killed

[tallyho]

Bucky wrote:

I think they should have to pay the damages. Makes sence to me.

you sir are correct but only to the extent of vehicle damage .. thats it.

[Gay Butch Guy]

Since this is Minnesota, wouldn't their laws apply? It does seem like alot of damage due to a 13 pounder. He just seems to adamant that the damages were not evident before the accident. Just wondering if is a case of "me thinks the lady doth protest too much", you know?

[Mama Crunk]

tallyho wrote:

<quoted text>
no it is not he has car damage

...and he has insurance (i hope) and an inflated bill. The dog owner's are out a dog, apart of the family which you can't put a price on.

[Nunion]

I felt sorry for the owners until I read they counter sued. This story is nothing though. I once saw a couple on Judge Judy who had sued the parents of a child they hit for damages to their car! They were doing the maximum 30 in a park on a Saturday. The little boy was crossing the street on his bicycle (it was an official pedestrian crossing, by the way) and they hit him so hard it knocked him out of his shoes and on to the top of their big ass vehicle (an SUV of some sort, I think). The boy's parents said he hadn't even been loaded into the ambulance yet when this other couple said something to them about their car being damaged. Can you believe that? Judy gave 'em a tongue lashing like you wouldn't believe! The people in the audience were actually laughing at this couple.

[menards]

The dog was not on a leash. The dog got out and caused damage, resulting from not being on a leash. Dog owners are responsible for the dog, and the damages that it caused while it was out.

Mama Crunk wrote:

<quoted text>
...and he has insurance (i hope) and an inflated bill. The dog owner's are out a dog, apart of the family which you can't put a price on.