Pro se...trial is Friday! Dog injured by another dog...

[TMomof3]

Tennessee...

Just the facts...

My 9 year old son was walking our 11 year old lab mix (50 pounds) on a leash...they were on our property returning to the back door. My son heard a dog bark and turned around and a doberman pinscher charged my dog and attacked her...I heard the fight from inside the house (it was not play) my son dropped the leash and after the dogs separated my dog had a torn anterior cruciate ligament. I found their dog wandering and went immediately to their house to tell them my dog was injured and I had to take her to the vet...they put their dog in their house.

My dog required $2500 worth of surgery to be able to walk again.

I consulted with 3 different veterinarians and they all agreed...I contacted the owners...the wife said to just send the bill and they would write a check. The husband (a very arrogant puffed up man) said my dog was old and it probably would have happened anyway and to sue him. A week later the husband/wife were divorced and are in the process of selling their home.

I spoke with an attorney who said to file a summons to both of them since they're now divorced.

My evidence...
Vet bills from two veterinary offices
Police report
Proof from animal shelter that defendant plead guilty to leash abandonment laws
video tape of my dogs injury/surgery/healing
letter from veterinarian stating necessity for surgery and no prior existing conditions that led to injury
pictures of my children throughout 10 years showing dog's relationship....

Question...how much is admissable? Do I have to subpoena the veterinarian? Are my bills and payment of such all I need? Do I have a leg to ask for mental anguish suffered by my 9 year old son witnessing this (we have decided if we can go for this to donate any proceeds to our local animal shelter.)

I'm going to a legal clinic offered by our county on Thursday..but thought I'd try here first.

Thank you!

 

[rmet4nzkx]

Pain, suffering and infliction of emotional distress for your son is going to be the most difficult to prove although it is clear that by dropping the leash and removing himself from the danger, he acted as a reasonable person and mitigated the damages as much as possible, something which must also be addressed in your lawsuit. The law clinic should be able to advise you on the finer points of your evidence as it relates to the laws and proceedures in TN, whether or not you will need something in addition to the letters from the Vets. The most difficult part will be proving the damages re your son, is he in any sort of counseling? Don't dismiss this possibility as the statute of limitations is different for children and reactions to critical insidents are often delayed so you may want to amend your petition re future psychological damages re this injury. While you may want to donate your settlement, it is best not to broadcast that ahead of time as that might be considered as a part of their defense and as previously stated, things may change by the time you win and collect a settlement. There could be nothing left after all the bill are paid. If you win a settlement be sure to place a lein against the couple's assets if they don't pay, have you placed a claim against their homeowners insurance?

 

[TMomof3]

Thank you for responding...

I did not place a claim on their homeowners...I did not know how to find out who they were insured with. They would not give me that information....here in TN some insurance companies will not insure your home if you keep a dog that has had a claim filed against it for aggression. So, I think that is why they did not want to file. I planned on placing a lien...but it looks like their house will close this month. The husband has funds, however, his father is very wealthy and he is vice-president of one of his father's companies...I can't see him giving up that position to run away from this debt. I'm more worried about being able to present my case so that their attorney can't dismiss my evidence.

Thank you!
Tara

 

[rmet4nzkx]

Have you included in your lawsuit that they refused to give you the name of their insurance company? Have you filed any subponeas re disclosure? They already admitted fault and promised to pay, at least the wife did first. You might be able to get the information from county records, check with the recorders or assessors office, sometimes this information is available online, often times they will have the lender listed on the title, the lender requires homeowners insurance and will be interested in their refusal to supply you with the homeowners insurance policy so you could make a claim. Is there any way you can consult an attorney before Thursday? Also you might want to request a continuance since defendents have refused to provide insurance information to make a claim. If the defendents have assets you should be able to get an attorney to take the case, have you tried? What were you told?

 

[TMomof3]

I am meeting this Thursday with the free legal clinic they offer in our county for pro se litigants. The attorney I spoke with...very sweet fella...son of the pastor who married my husband and me...advised me not to use an attorney because attorney's fees are not reimbursable in civil court. Since I'm only suing for $2500...an attorneys fees could run as high as $2000+ which would really sting if we lost.
Although he's a really sweet fella, he just has not had experience in dog matters...he consulted with a colleague and he advised him that I should be able to recover vet bills...but in TN there is a one bite law...which allows a dog to have one bite without being considered vicious. Something to that effect. I do have the business card for the attorney representing the defendant's...would he willingly give me their homeowners information? Must I subpoena for that information? This is my first time in court...and I have been to court twice in the past two weeks to observe...the one judge I've sat in on has twice commented..."If you come into my courtroom pro se and the other litigant is represented..you have already lost your case." He is ANTI-pro se. I'm just hoping I don't get him. Atleast, I hoped he'd understand that I am being respectful to the court...I have read ALL the rules of evidence and have tried to become informed so as not to insult his court...

At this point, I am piling all these concerns/questions/comments so I can present them to the clinic on Thursday...looks like a continuance is my best option at this point.

Thank you!

Tara