@germamechazu/Instagram

@germamechazu/Instagram

Pit bull cross, chihuahua owners must split costs for dogfight damage, judge rules

Eac side responsible for $577.43 towards injuries in Comox Valley incident

Two Comox Valley dog owners have both been found to be negligent with a dogfight in May 2017 following a civil court decision.

Earlier this year, tribunal member Shelley Lopez found Chihuahua owners Kalei Jeffery and Michael Wright along with pitbull cross owner Dawn Anderson (respondent) were both equally at fault for the dogfight and equally at fault for the applicants’ damages (Jeffery and Wright) following the fight in Courtenay.

During the late evening of May 16, 2017, Gracie, the pitbull cross, was involved in a fight with Chihuahuas Romeo and Cara.

At the time, and noted in the evidence and analysis, all dogs were off-leash and in a common parking lot that was part of the dog-friendly condominium complex. The dogfight did not occur on private property.

Lopez pointed out she accepts that “all parties loves their pets … I find that this dispute is not about pitbulls versus Chihuahuas and which breed may be more aggressive. Rather, I find that this dispute is about negligence and which dog caused the injuries.”

In speaking to liability, Lopez said all dogs were off-leash, and had the dogs been leashed, the dogfight could have been avoided.

The applications noted Gracie attacked their dogs as they were on their way out. They note the dogs had been in their arms, but that Jeffrey put Cara down “for a second” so Cara could go to the bathroom, and that is when Gracie went after Cara.

Lopez said the applicants do not explain why they did not have Cara or Romeo leashed, even if Cara needed to go to the bathroom.

In contrast to the applicants’ submission, the respondent said she heard dogs barking aggressively and saw Cara charged and barked aggressively at Gracie and that Gracie then ran toward Cara. The respondent said Gracie did not bark at all.

A police report stated Romeo and Cara got small scratches and bites when “they ran up to the pitbull,” and that Romeo and Cara sustained minor superficial injuries.

The applicants do not deny that Cara barked and charged at Gracie before the dogfight.

Lopez found Cara provoked the fight and was in a position to do so because she was not leashed.

Anderson said it is unknown which dog bit Jeffrey. She added her father separated Cara and Gracie by pulling Gracie by the collar into the house. The applicants said they tried their best to release the dog, and in doing so, Jeffrey’s dominant right hand was bitten severely by Gracie.

Lopez noted Jeffrey does not explain why she chose to put her hand into the dogfight, rather than using a stick, her purse, kicking or some other method that would be less like to cause injury to herself.

“Nothing turns on Gracie’s lack of bite or attack history, given I have concluded the respondent was negligent in Gracie being off-leash. I do find that Gracie likely bit Ms. Jeffrey, rather than one of her own dogs doing so. However, I also find Mr. Jeffrey was contributorily negligent in causing her own hand injury to stop the dogfight, particularly bearing in mind that she should have had her dog leashed.”

In terms of damages, the May 17, 2017 emergency vet bill for treatment on Cara and Romeo was $768.46.

Lopez found the Anderson must reimburse the applicants half of the bill – $384.23.

As for lost wages, Jeffrey claimed $3,000 which was equivalent of three months of lost work.

Jeffrey attended a hospital emergency room for the dog bite injury.

Evidence presented by two brief medical notes did not indicate a significant absence from work occurred or was expected.

“I find Ms. Jeffrey has not proved she needed to be off work for three month due to the dog bite. On a judgment basis, I find that based on the two medical notes before me, Ms. Jeffrey has proved she missed two weeks of work due to the dog bite,” explained Lopez.

Based on income evidence, Lopez found Jeffrey suffered $375 in lost wages and is entitled to half that amount – $187.50.

Along with pre-judgment interest, Lopez ordered Anderson to immediately pay a total of $577.43.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Louise with another load of bottles for ALERT. This super volunteer helps ALERT in so many ways. (Submitted)
Meet Penticton super volunteer Louise Hivon

Louise spearheads ALERT’s recycling fundraising, collecting bottles from anyone, everywhere

Oliver
A couple more South Okanagan schools with COVID-19 exposures

Penticton Christian School adds more exposure days, Oliver Elementary new on the list

Windsurfers enjoying a windstorm on Skaha Lake in Penticton on March 28, 2021. (Sandy Steck Photography)
Wind warning issued for Okanagan Valley

Boaters are being warned of gusts up to 70 km/h by late afternoon on Sunday

This is what’s left of a truck that caught fire at Pyramid provincial park off Highway 97 Saturday night. (Monique Tamminga Western News)
PHOTOS: Truck gutted by fire at Pyramid Provincial Park, trees saved

Just a metal shell of what once was a pick up truck is left at the scene

Each spring, the Okanagan Fest-of-Ale is held in Penticton. This year, as a result of the COVID-19 pandemic, the festival will not be held. However, beer is still available. How much do you know about this beverage? (pxfuel.com)
QUIZ: How much do you really know about beer?

Put your knowledge to the test with this short quiz

Vancouver resident Beryl Pye was witness to a “concerning,” spontaneous dance party that spread throughout social groups at Kitsilano Beach on April 16. (Screen grab/Beryl Pye)
VIDEO: Dance party erupts at Vancouver’s Kitsilano Beach to the dismay of onlookers

‘It was a complete disregard for current COVID-19 public health orders,’ says Vancouver resident Beryl Pye

A North Okanagan man in his late 20s was flown to hospital by air ambulance Saturday, April 17, shortly after 6:30 p.m. after allegedly crashing on his longboard on a Spallumcheen roadway. (File photo)
Suspected longboard crash in Okanagan sends individual to hospital via air ambulance

Accident involved a North Okanagan man in his late 20s on Otter Lake Road in Spallumcheen

Deputy Prime Minister and Minister of Finance Chrystia Freeland responds to a question during Question Period in the House of Commons Tuesday December 8, 2020 in Ottawa. The stage is set for arguably the most important federal budget in recent memory, as the Liberal government prepares to unveil its plan for Canada’s post-pandemic recovery even as a third wave of COVID-19 rages across the country. THE CANADIAN PRESS/Adrian Wyld
Election reticence expected to temper political battle over federal budget

Opposition parties have laid out their own demands in the weeks leading up to the budget

A Kelowna Pride Festival 2019 participant holds up a flag. (Kelowna Pride Society)
Kelowna Pride, RCMP continue to work on ‘Safe Place Program’

A new committee has been formed to refine the ‘Safe Place Program’ created by the Kelowna RCMP

Coldstream Fire Department crews stationed at Kal Lake Provincial Park parking lot on Cosens Bay Road on Sunday, April 18, after a car went over a cliff in the area. (Roger Knox - Morning Star)
Driver escapes after car goes over North Okanagan cliff

The driver has been transported to hospital with unspecified injuries

A strange odour at a West Kelowna apartment building prompted the evacuation of 150 residents on Sunday morning, April 18. (Aaron Hemens - Capital News)
Strange smell at West Kelowna apartment prompts evacuation of 150 residents, pets

150 residents ordered evacuated from a West Kelowna apartment building early Sunday morning

Vernon Vipers goalie Roan Clarke celebrates his team’s 3-2 B.C. Hockey League pod play shootout win over the Salmon Arm Silverbacks Saturday, April 17, at Kal Tire Place. (Lisa Mazurek - Vernon Vipers Photography)
Vernon Vipers use shootout to subdue Salmon Arm

Snakes score 3-2 B.C. Hockey League pod play win at Kal Tire Place

A syringe is loaded with COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
B.C. to open up COVID vaccine registration to all B.C. residents 18+ in April

Registration does not equate to being able to book an appointment

Most Read