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Minn. driver kills dog, then sues owners for damage

AP
Posted: 2008-05-08 15:44:17
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.

Information from: Duluth News Tribune, http://www.duluthsuperior.com

Copyright 2008 The Associated Press. The information contained in the AP news report may not be published, broadcast, rewritten or otherwise distributed without the prior written authority of The Associated Press. Active hyperlinks have been inserted by AOL.
05/08/08 15:42 EDT
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Recent Comments

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15 comments

s1og1 03:33:09 PM May 09 2008

sorry for your loss but you let the dog get out it's your fault he wasn't under control and this guy is the innocent victim of your dog running into his path. your homeowners should pay for his car. as for suing him other than driving down your street and being in the wrong place at the right time what did he do that was negligent?

ptepo 02:07:38 PM May 09 2008

I hope Ely gets his money. He did nothing wrong and is out a considerable amount of change. There are millions of bogus lawsuits; this is not one of them.

scoobe2 10:13:57 AM May 09 2008

considering this guys car probably isnt even worth fixing this is a joke and any judge with a brain will throw this out. a 13 lb dog is not going to do that much damage. this guy is taking advantage of a sad situation and i hope the owners not only get their costs for the dog but for court costs etc. if someone hit my dog the last thing they would be worrying about would be their car believe that.

gapurplescorpion 07:08:30 AM May 09 2008

O.K. I don't see how a 13 pound dog can cause $1,100 worth of damage to a car, but for the dog owners to sue the driver for $2,400 when it is THEIR fault, is stupid
--There are many posts who agree with this, but I think ALL of you are missing the point! How pathetic is it when something unfortunate happens and their first instinct is to sue?? That's not how things should be settled! All these frivolous lawsuits clogging an already overburdened system solves nothing! It was a 1997 car, the amount he wants far surpasses what the car is worth. They didn't let their dog out, he escaped. How fast was this guy driving? It was an unfortunate accident. These law suits are totally ridiculous.

janroc67 02:01:56 AM May 09 2008

O.K. I don't see how a 13 pound dog can cause $1,100 worth of damage to a car, but for the dog owners to sue the driver for $2,400 when it is THEIR fault, is stupid.

oogiebob 01:19:05 AM May 09 2008

How would you feel if you were driving down the street and someone's dog ran right in the way? YES it will cause damages needing repairs. Why should you have to pay for the repairs or a deductable and have your car insurance premiums go up? It's the dog owner's responsibility to keep the dog contained. It could have been even worse if the driver had an accident trying to avoid the dog. Those dog owners are lucky they didn't get sued for a lot more. And for them to countersue is a cheap shot and shows just how irresponsible and uncaring they are about other people. I'll bet if they get another dog, something similar will happen again because they are so thoughtless and careless. The driver is the victim, NOT the irresponsible dog owners. The driver should be compensated for the damages and trauma caused by their dog.

joea334 12:39:17 AM May 09 2008

hey coffeyusn......his car was a 1997. why would he insure his vehicle?

pigtales72 11:43:54 PM May 08 2008

It is always the drivers fault if he hits something. If a child had run into road would he sue the parents for the damage to his car? I know someone who hit a drunk driver who stopped suddenly in the middle of road and she was ticketed for the ********* doesn't matter what happened he should have been watching the road and avoided hitting the dog.

grlsngr1 11:22:21 PM May 08 2008

Ok I could see suing the owners if they let the dog run loose all the time, but this was clearly an accident, I live with a smart dog that escapes now and then too. Some times they are just too fast.

coffeyusn 10:54:32 PM May 08 2008

ain't that what car insurance is for?

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