Ed Harris the shooter remember me story goes on>>>>

[erafter]

Sorry for the late replay
I spend the day with lawyers and court records.
I well post the summons. ASAP

 

[Wifezilla]

Can an emu take out a dog? :evil grin:

 

[horsejody]

Quote:
Get a llama or a donkey

 

[wombat]

You've got other things on your side as well:

- In most cases, animals are treated as "livestock", so it is hard for people to recover anything more than actual damages, as in the replacement cost of the animal or the actual cost of medical care.
- It's hard to argue in favor of "emotional distress" or "loss of companisonship" over an animal the plaintif had for only about a week.

I'm not a lawyer, but I don't see something like this likely making it as far as court. I would still recommend consulting with an attorney, and having an attorney respond. I'd also suggest talking to the attorney and/or your state's insurance commissioner regarding your insurer's handling of this matter.

 

[Sonoran Silkies]

Quote:
I disagree. The emotional trauma felt by your children while you were under attack, not to mention their current fears are very relevant. These were not birds they had "just had a week," but rather ones they had had for quite some time. Did they raise them from chicks? I think you need to take them to a child psychologist/psychiatrist and ask for him or her to evaluate the trauma, fear and stress they were under, and then provide a written report to the court. I'm sure it at the least needs to be notorized, and the psychologist may need to be available for deposition or to appear in court.

The dog owner is sad that he lost his new dog that he did not care for properly. Your children were in fear of their lives!

 

[Sonoran Silkies]

Quote:
Contact various animal welfare groups--you might find one willing to support you given the facts in the case. Contact various livestock associations in your state--I am sure they are not happy about a loose dog that attacks domestic animals. They may have an attorney or a member who is an attorney who would give you a reasonable deal.

Ask the lawyer if he will write a response to the summons and charge you just for that. That you want to see where it is headed before deciding how to handle the overall case.

 

[wombat]

Quote:
I disagree. The emotional trauma felt by your children while you were under attack, not to mention their current fears are very relevant. These were not birds they had "just had a week," but rather ones they had had for quite some time. Did they raise them from chicks? I think you need to take them to a child psychologist/psychiatrist and ask for him or her to evaluate the trauma, fear and stress they were under, and then provide a written report to the court. I'm sure it at the least needs to be notorized, and the psychologist may need to be available for deposition or to appear in court.

The dog owner is sad that he lost his new dog that he did not care for properly. Your children were in fear of their lives!

The plaintif's dog that was shot had been only owned by the plaintif for about a week, if I recall the original incident correctly.

Nonetheless, in court, animals are generally "property." If the property is damaged by someone else, and that person is found to be at fault, the damages are generally "repair or replace." Emotional attachments rarely factor.

This works in Ed's favor. I'm not a lawyer, but I suspect a judge would likely throw this one out. Even if the judge found for the plaintif, I would think it would be along the lines of "here's $100 for another dog, keep this one on a leash, get the hell out of my courtroom!" I wouldn't think a judge would award Gapp a bunch of money for emotional distress and psychiatric treatment over the loss of a dog he had all of a week and cared so much about that he let it run loose and out of sight. Ed don' live in Kalifornia.

 

[Sonoran Silkies]

Quote:
I disagree. The emotional trauma felt by your children while you were under attack, not to mention their current fears are very relevant. These were not birds they had "just had a week," but rather ones they had had for quite some time. Did they raise them from chicks? I think you need to take them to a child psychologist/psychiatrist and ask for him or her to evaluate the trauma, fear and stress they were under, and then provide a written report to the court. I'm sure it at the least needs to be notorized, and the psychologist may need to be available for deposition or to appear in court.

The dog owner is sad that he lost his new dog that he did not care for properly. Your children were in fear of their lives!

The plaintif's dog that was shot had been only owned by the plaintif for about a week, if I recall the original incident correctly.
...

I guess I was trying to contrast that the birds had been owned for a long time and the dog only a very short time. That point obviously didn't make it across.

 

[Tweeza]

Quote:
I know it's not close but what about the UofO Law School. I think they give free legal advice/help, if you qualify. My mother just the other day said that at one time she and Dad could have gone there for legal help.

 

[wombat]

Quote:
The plaintif's dog that was shot had been only owned by the plaintif for about a week, if I recall the original incident correctly.
...

I guess I was trying to contrast that the birds had been owned for a long time and the dog only a very short time. That point obviously didn't make it across.

I get it, but I don't think it will matter to a court.