Driver kills dog, sues dog owner

[jmur5074]

DULUTH, Minn. (AP) _ 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.




Why can't accidents just happen?

[Wolven]

That is just crazy. Quite the minpin to have caused $1000 worth of damage.

[jmur5074]

That is just crazy. Quite the minpin to have caused $1000 worth of damage.

Thats what I was thinking.

[Ender]

That is just crazy. Quite the minpin to have caused $1000 worth of damage.

yeah...


It takes a cold hearted sonofabitch to sue somebody after you kill their pet in a relatively freak accident. If it was a dog they were recklessly walking off leash, that is one thing.

Sometimes shit happens, and you shell out a few bucks for it....part of life.

I don't blame them for countersueing for more, to tell you the truth.

[ex401mp]

Thats what car insurance is for. What a selfish nimrod.

[deputysykes]

I handled a car vs. horse 10-50 once. The driver did receive minor injuries. Once the driver found out the horse owner was a Dr., cha ching $$$ lawsuit. A nice settlement.

[gozling]

I guess there is no such word as accident in his world...

just wait...

he will get his for this stupid shit.

[CTR man]

This just goes to show you just how greedy some people are.

[Ducky]

Thats what car insurance is for. What a selfish nimrod.

+1. He's an asshole.

[deputy29]

Frist off a Min pin is not large enough to be hit by this morons bumper. Second if the dog was large enough to hit the bumper and parts of it were propelled into his radiator he had to be traveling well over the speed limit. A few days ago I just hit a raccoon, which is a lot larger than a 13 pound dog, and there was no damage to my Kia just some hair, blood and one flat raccoon. I hope the dogs owners win over this asshole.

[jmur5074]

An update

A St. Louis County judge has thrown out a lawsuit that had been filed by a man who struck and killed a dog on a highway, then sued the dog's owners for damage to his car.


Jeffery Ely, of Cloquet filed the lawsuit against Daniel Munthe, whose 13-pound miniature pinscher Fester was killed in January after it escaped from its family's home.


Ely's insurance wouldn't cover the damage, so he sued the Munthes for $1,029 to cover the cost of repairs, time he took off work and court fees.


The rural Cloquet family countersued for $2,400 for the time they had missed from work, as well as costs to cremate Fester and buy a replacement dog.


Judge Gerald Maher said neither side could prove the other had been negligent, so he dismissed both suits.



http://kstp.com/article/stories/S440348.shtml?cat=1

[CT209]

Well, there are a few things we don't know about this.

What's the speed limit on the road? Around here there are roads with a 45 mph limit that have houses on them. I promise you that if you hit a critter (even a 13 lb one) doing 45 mph with one of todays cars, you're going to take a hit and suffer damage. I've hit enough raccoons and opossums to vouch for that.

While I can commiserate with the family's loss of a pet, I think we're rushing a bit to condemn the driver. The way it works around these parts is the dog is "roaming"- it doesn't make any difference if the dog "accidentally got out". The fault and the damage is the responsibility of the dog owner. I do agree that that's what insurance is for- around here it would be the dog owner's home owners insurance. I'm guessing here, but I gather that route wasn't available as an option to settle the case.

I don't see that it's fair the driver should eat his deducible and have to pay any out-of-pocket expenses for this accident. It is the responsibility of the owner to curb their dog.

I'll admit I'm a bit jaded, but I had a similiar situation once- the dog was bigger. I hit a dog of undetermined breed that weighed about 25 lbs one night. The dog was in the road and was severely injuried. By CT law, if you hit a dog, you have to stop and also make a police report which I did. I also happened to guess right and located the owner's house and informed them of their dog's injuries. They rushed out in a panic and ended up taking the dog to the vet. I also let my car insurance company know of the incident.

Two days later, I get a visit from said owner. He tells me the dog required rather extensive medical treatment and the bill to date was several thousand dollars and he expected it to end up being much higher. I replied that was a real shame. Next he tells me that I can sent the money directly to the vet and hands me a copy of the bill. I was stunned.

I ended up taking my car in for repair which my insurance paid for minus the $500 deducible which I had to pay pending their recovery of the cost from the dog owner's insurance. If I remember correctly the damage was about $1400, plus the rental car costs for the four days my car was in the repair shop.

About four weeks later, I get a return visit from said dog owner. It seems my car insurance company petitioned the dog owner for home insurance information so they could expedite the recovery of monies for repairs to my car. The dog owner is now furious. He is going to file a small claim court action against me. The conversation got a tad bit ugly after he imparted that tidbit on me.

It took about 7 months for the whole thing to sort itself out. I finally got a check from my insurance company reimbursing me my $500 deducible. I have no idea how or where the money came from. Frankly, I don't care.

He did file in small claims court against me. But, the claim was later withdrawn. I can only gather he was told the fault was his and the laws wouldn't support his claim.

I fully understand the pain of having a family pet hurt. I once spent in excess of $2000 trying to save a cat after it got hit by a car. I loved that cat. But, the responsibility for those costs were mine. Had there been damage to the car that hit my cat, I'd have been liable for that also. (In CT, there's no law about stopping if you hit a cat, so I have no idea who hit it.) The cat was roaming and decided to play in the road. There are a few laws specifically written that pertain to dogs in CT, but the liability for damages incurred when a dog is in the street fall on the dog owner.

[gozling]

all i can say is thank god there is a judge that had some common sense

[Star Man]

Frist off a Min pin is not large enough to be hit by this morons bumper. Second if the dog was large enough to hit the bumper and parts of it were propelled into his radiator he had to be traveling well over the speed limit. A few days ago I just hit a raccoon, which is a lot larger than a 13 pound dog, and there was no damage to my Kia just some hair, blood and one flat raccoon. I hope the dogs owners win over this asshole.

I have to agree with you on this one.