What does a court transfer mean?

[whiggs]

What is the name of your state?

Georgia

Hello all. So I have a question concerning a case involving a dog bite in which I am the defendant. To get the full context of what happened, below is an email I sent to the leasing office for the apartment detailing what happened:

, I took my dog to the gated dog park after I got home from work. Since there were no other dogs in the park, I let them off the leash, as is allowed by the lease. While the dogs were playing in the park, a lady walked by the exterior of the park with her dog. When her dog saw my dogs, he immediately started barking and lunging at them from the other side of the barrier, an action which my dog returned. This continued for a while until her dogs bit my dog through a hole in the chain fence, which resulted in my dog running to the section of the barrier which consisted of a stone wall and vaulting over it, and started fighting the other dog while the owner of the other dog tried to break it up. When I saw my dog running away from the dog and toward the section of the barrier that he was going to vault over, I realized what he was going to do, and immediately started running for the entrance to the park. As such, I was actually able to separate him from the other dog pretty quickly after the initial fight started, and threw him back in the park where I the tried to put his leash on him. While I was calling for my dog so I could put the leash on him, I was also yelling to the woman to please leave the area so as to deescalate the situation, as dogs in general react to the energy of those around them. However, rather than heed my pleas, she stood rooted in place and decided to yell at me and berate me: from calling my dog and I maniacs to berating me for separating my dog from hers, to criticizing the way in which I was attempting to put my dogs leash on him, etc. And, just as I feared, because I was trying simultaneously to deescalate the situation by getting this stupid woman to go away and get my dog back on his leash, my dog slipped past me as I was trying to put him back on his leash and he vaulted the wall again, no doubt reacting the aggressive behavior of the other dog (which the woman failed to notice), and both dogs likely reacting to the hysteria with which this lady was yelling at me. For not having any common sense whatsoever and not removing herself from the situation like I asked just as culpable as far as I am concerned from this point on, as, by this time, I am completely exhausted and having trouble breathing, and it takes me longer to get to my dog and separate the two. This time, however, since I now know this woman has absolutely no common sense, I hold onto my dog while she, once again, continues to stand there and yell at me and berate me. I don’t say much because I am struggling just to breathe at this point, but I did manage to offer to pay for whatever injury she or her dog may have suffered as a result of the incident, despite her continued idiotic behavior of not leaving to de-escalate the situation and yelling at me. She responded with something around the lines of “I don’t want your blood money,” which really just highlights her stupidity, as my offering to take responsibility for what happened and pay for any medical bills which resulted from the incident in order to avoid a scenario which has the potential to negatively impact both of us does not at all fall into the category of blood money. She continued to showcase her lack of intellect by stating that she was going to file police report “for the safety of the children.” Its not even the fact that she was going to file a police report that is the stupid part, but to insinuate that my dog was a danger to other people without knowing a god damn thing about me or my dogs or the fact that just one week prior he was playing with some kids from this apartment complex, just exposed her for the self righteous, self-important buffoon she is, as she is saying all this while still continuing to ignore my pleas in between my gasps for air for her to leave so that I can safely put my dog back on his leash. No. I am forced to sit there holding onto my dog until she has decides she has filled her quota for self-righteousness for the day and finally leaves. Also, I find it interesting that, while she did notice the injury to her dog, not once during the entire time she was preaching to me did she ever mention any injury to her own person, nor did I see any injury on her either. Which makes me seriously question whether she was actually harmed like she claims she was in her report: as far as the law is concerned, a dog attack where a dog is harmed is a personal case that you have to fight in small claims court, but is promoted to a law breaking offense when a person is harmed. I think she lied about being harmed by my dog in order to “punish me” for her experience.

Here is a picture to help give you a visual of the incident described above

So, in short, the arguments I have made in my defense are as follows:

• My dog was initially within the confines of the gated dog park and off leash, which the lease specifically says is allowed (see below) and I cannot be held responsible for expecting the barrier around the park failing to do what it was designed to do. That is on the apartment complex for cutting corners when building their...lets just admit, it was shoddy...infrastructure.

• The plaintiff's (plaintiff is probably not the right word, but it makes describing my arguments easier) dog is actually responsible for setting off the events which took place, not me or my dog
• The plaintiff is ALSO guilty of contributory negligent behavior which resulted in whatever damages she suffered. This contributory negligence is seen when she remains rooted in place after I separated the dogs the first time while screeching like a banshee, rather than listening to me when I told her to remove herself from the area to deescalate the situation, which resulted in my dog running past me, vaulting the fence again, and going at it again.

So, I am pretty confident that I have a really strong case here to make this problem go away. However, my court date is today, and when I went to court with my evidence and ready to argue my case, I was told that my case was being transferred to a different court. I am not sure what that means exactly, nor what implications that may entail, but I found it odd that mine was the only case that was being transferred out of an entire courtroom of individuals. When I asked why it was being answered, a gentlemen sitting somewhat near the clerk told me something around the lines of "the jury needs to gather more evidence" or something like that, which, again, I don't understand what the implications of this could mean. I did also notice that the woman who was the other party involved in the incident was present in court as well as a "witness." I also was given the below piece of paper with my new court date:

It is this that I would like information on. Under what circumstances would a case like mine be transferred to another court and not be resolved in court today? What are the potential implications? What should I be prepared for? Who can I call and talk to in order to get more information as to what is going on with my case? Any information that you could provide me would really be appreciated.

On an unrelated note, I was very happy and satisfied to see the plaintiff in the case experience some much needed comeuppance as I was leaving the courthouse, as her car had been booted for not paying for the parking spot she used. It only cost $3 for the parking space, but $75 to get the boot removed from the car if you don't pay for the parking space. So satisfying watching her be forced to literally pay for the taking part in the crap she started. Felt SOOOO GOOD!!!

 

[quincy]

What is the name of your state?

Georgia

Hello all. So I have a question concerning a case involving a dog bite in which I am the defendant. To get the full context of what happened, below is an email I sent to the leasing office for the apartment detailing what happened:



Here is a picture to help give you a visual of the incident described above

So, in short, the arguments I have made in my defense are as follows:

• My dog was initially within the confines of the gated dog park and off leash, which the lease specifically says is allowed (see below) and I cannot be held responsible for expecting the barrier around the park failing to do what it was designed to do. That is on the apartment complex for cutting corners when building their...lets just admit, it was shoddy...infrastructure.

• The plaintiff's (plaintiff is probably not the right word, but it makes describing my arguments easier) dog is actually responsible for setting off the events which took place, not me or my dog
• The plaintiff is ALSO guilty of contributory negligent behavior which resulted in whatever damages she suffered. This contributory negligence is seen when she remains rooted in place after I separated the dogs the first time while screeching like a banshee, rather than listening to me when I told her to remove herself from the area to deescalate the situation, which resulted in my dog running past me, vaulting the fence again, and going at it again.

So, I am pretty confident that I have a really strong case here to make this problem go away. However, my court date is today, and when I went to court with my evidence and ready to argue my case, I was told that my case was being transferred to a different court. I am not sure what that means exactly, nor what implications that may entail, but I found it odd that mine was the only case that was being transferred out of an entire courtroom of individuals. When I asked why it was being answered, a gentlemen sitting somewhat near the clerk told me something around the lines of "the jury needs to gather more evidence" or something like that, which, again, I don't understand what the implications of this could mean. I did also notice that the woman who was the other party involved in the incident was present in court as well as a "witness." I also was given the below piece of paper with my new court date:

It is this that I would like information on. Under what circumstances would a case like mine be transferred to another court and not be resolved in court today? What are the potential implications? What should I be prepared for? Who can I call and talk to in order to get more information as to what is going on with my case? Any information that you could provide me would really be appreciated.

On an unrelated note, I was very happy and satisfied to see the plaintiff in the case experience some much needed comeuppance as I was leaving the courthouse, as her car had been booted for not paying for the parking spot she used. It only cost $3 for the parking space, but $75 to get the boot removed from the car if you don't pay for the parking space. So satisfying watching her be forced to literally pay for the taking part in the crap she started. Felt SOOOO GOOD!!!

Transfer because the plaintiff is asking for more damages than court allows, perhaps?

You should keep all related questions in the same thread.

 

[Just Blue]

You really expect volunteers to read that tiny print with no white space? sigh...

I read through about 2/3 of your e-mail to the LL and from what you stated you are at fault. You had no control over your animals as they were off leash and non-responsive to your commands. I suggest in the future you keep your untrained animals on a leash when outside.


BTW; Just because you are ALLOWED to let your dog's off leash when the dog park is empty, doesn't mean you SHOULD. Unexpected events may occur ...as you can see with your situation. It was irresponsible and foolish to let your dog's off leash in that poorly maintained park. You are 100% at fault.

 

[Zigner]

The photo is the nail in the coffin for the OP.

 

[Just Blue]

The photo is the nail in the coffin for the OP.

Yeah...

Px Hx is a must. OP is also a thread deleter.

 

[quincy]

The photo is the nail in the coffin for the OP.

I understand the argument whiggs is trying to make in blaming the apartment complex and its construction of the dog park, because the enclosure IS inadequate ... but, unfortunately, the law places liability on the dog owner with the unleashed dog that is not under the owner's control.

 

[Zigner]

I understand the argument whiggs is trying to make in blaming the apartment complex and its construction of the dog park, because the enclosure IS inadequate ... but, unfortunately, the law places liability on the dog owner with the unleashed dog that is not under the owner's control.

I don't know that the enclosure is inadequate. A properly trained dog won't run off. It's the training and supervision that's inadequate in this case.

I get where you're coming from though

 

[Just Blue]

I understand the argument whiggs is trying to make in blaming the apartment complex and its construction of the dog park, because the enclosure IS inadequate ... but, unfortunately, the law places liability on the dog owner with the unleashed dog that is not under the owner's control.

But OP could clearly see that the park wasn't fenced properly...and he let his dogs off leash anyway. The incident is, IMO, 100% OP's fault. In another thread he responded to a members statement that OP was responsible for maintaining control of his/her dogs with this comment: "how am I supposed to control my dog's when they are off leash?" Jaw-dropping idiocy.

 

[Zigner]

My dog, when young and vigorous, was able to jump to the top of a 6 foot wall. As a dog owner, I would KNOW that a 4-6 foot wall or fence was not adequate for my dog. The dog owner needs to take responsibility to ensure that his/her dog will be contained before letting it off-leash.

 

[quincy]

I don't know that the enclosure is inadequate. A properly trained dog won't run off. It's the training and supervision that's inadequate in this case.

I get where you're coming from though

Well ... it's not so much where I am coming from but where I think whiggs is coming from.

There is a certain expectation that a dog park will be secure enough to allow dogs to run free without a leash.

But there is an equal expectation that, if a dog owner lets his dog run free, the dog is trained well enough to respond to the owner's basic commands of stay, come, sit.

 

[Zigner]

There are also fenceless dog parks

 

[Just Blue]

My dog, when young and vigorous, was able to jump to the top of a 6 foot wall. As a dog owner, I would KNOW that a 4-6 foot wall or fence was not adequate for my dog. The dog owner needs to take responsibility to ensure that his/her dog will be contained before letting it off-leash.

I agree. And if your dog isn't well trained it should never be allowed off leash. Too many dog owners don't train their dogs properly. A dog should obey in ALL situations...not just when it feels like it.

 

[quincy]

As a note: The small claims court limit for damages in Georgia is $15,000.

 

[whiggs]

Here is the thing, guys. again, a) her dog started the incident by biting first, And b) again, I expected the barrier to perform its function: keeping dogs inside the park. If an owner had come into the park as well, I would have put my dog on as leash for good measure. However, the plaintiff did not come into the park: they were outside the park. The people outside the park did not concern me because, if the barrier had done its job, then I would not need to worry about the people outside the park, I assume that you all did not read the entirety of my post, as you do not at all mention the contributory responsibility nor the very important fact that HER DOG STARTED THE WHOLE THING., I don't even know why I bother with these boards, just a bunch of people who don't know a thing seem to comment.

 

[quincy]

Here is the thing, guys. again, a) her dog started the incident by biting first, And b) again, I expected the barrier to perform its function: keeping dogs inside the park. If an owner had come into the park as well, I would have put my dog on as leash for good measure. However, the plaintiff did not come into the park: they were outside the park. The people outside the park did not concern me because, if the barrier had done its job, then I would not need to worry about the people outside the park, I assume that you all did not read the entirety of my post, as you do not at all mention the contributory responsibility nor the very important fact that HER DOG STARTED THE WHOLE THING., I don't even know why I bother with these boards, just a bunch of people who don't know a thing seem to comment.

Again with the rudeness. Please be pleasant to the volunteers on this site.

I suggest you find a lawyer in your area to tell you why your arguments against liability probably will fail.

Good luck.