1 00:00:00,967 --> 00:00:03,400 -[Levy] You wanted to breed her? -Yes. 2 00:00:03,467 --> 00:00:06,467 Soon after the puppies were born, four died. 3 00:00:06,533 --> 00:00:10,166 She didn't say anything was wrong. I was like, okay, I trust her. 4 00:00:10,233 --> 00:00:13,834 How either one of you could point the finger at the other person, 5 00:00:13,900 --> 00:00:17,133 for such good friends and such animal lovers. 6 00:00:17,200 --> 00:00:19,667 [narrator] Today on Tribunal Justice... 7 00:00:40,900 --> 00:00:43,900 [narrator] This case was filed in Humble, Texas. 8 00:00:44,133 --> 00:00:46,667 Your Honor, this is case number 1053 on the calendar 9 00:00:46,734 --> 00:00:49,200 in the matter of Chaney versus Stark. 10 00:00:49,600 --> 00:00:52,000 Parties have been sworn in. You may be seated. 11 00:00:52,467 --> 00:00:54,200 -[Levy] Thank you, Byrd. -[Byrd] Mm-hm. 12 00:00:54,266 --> 00:00:56,867 So Miss Chaney, in June of this year, 13 00:00:56,934 --> 00:01:01,967 your two-year-old Great Dane gave birth to a litter of 10 puppies. 14 00:01:02,033 --> 00:01:05,767 -Yes. -You were unable to care for your dog 15 00:01:05,834 --> 00:01:08,266 and the puppies because you, at the same time, 16 00:01:08,333 --> 00:01:12,100 were about eight or nine months pregnant and were about to deliver on your own. 17 00:01:12,166 --> 00:01:15,400 Correct, I was unknowingly one week due 18 00:01:15,467 --> 00:01:17,500 -after she had her puppies. -[Levy] Okay. 19 00:01:17,567 --> 00:01:20,700 And as a result, you reached out to the defendant 20 00:01:20,767 --> 00:01:24,433 who you knew from the Great Dane breeding community 21 00:01:24,500 --> 00:01:27,300 and asked her if she would help you 22 00:01:27,367 --> 00:01:31,367 by taking care of your dog prior to her giving birth 23 00:01:31,433 --> 00:01:33,300 and also give birth as well. 24 00:01:33,366 --> 00:01:35,200 -Because of your own pregnancy. -Right. 25 00:01:35,265 --> 00:01:38,400 And this was your two-year-old dog's first litter. 26 00:01:38,467 --> 00:01:40,433 -Yes. -But unfortunately, soon after 27 00:01:40,500 --> 00:01:43,800 -the puppies were born, four died. -Correct. 28 00:01:43,866 --> 00:01:47,100 It is your claim that but for her negligence, 29 00:01:47,166 --> 00:01:50,934 those four puppies would have survived and you would have been able to sell them, 30 00:01:51,000 --> 00:01:54,033 and you're suing the defendant for $10,000, 31 00:01:54,100 --> 00:01:58,265 which represents $2,500 per puppy times four. 32 00:01:58,333 --> 00:02:00,834 -Right. -[Levy] Now, according to Miss Stark, 33 00:02:00,900 --> 00:02:04,767 the puppies died as a result of the medical negligence 34 00:02:04,834 --> 00:02:08,000 of the plaintiff prior to the puppies being born. 35 00:02:08,066 --> 00:02:12,600 You're also countersuing for $10,000, $1,500 for your whelping service, 36 00:02:12,667 --> 00:02:14,800 -that's actually helping the dog birth. -Yes. 37 00:02:14,867 --> 00:02:17,133 Three thousand dollars for delivery care. 38 00:02:17,200 --> 00:02:20,233 Five thousand dollars for stud owner fees, 39 00:02:20,300 --> 00:02:22,333 -and $500 for vet care. -Yes, sir. 40 00:02:22,400 --> 00:02:27,767 Your experience in the Great Dane breeding community goes back how long? 41 00:02:27,834 --> 00:02:29,400 -Almost 10 years. -Ten years? 42 00:02:29,466 --> 00:02:31,767 Okay. What's your dog's name? 43 00:02:31,834 --> 00:02:33,066 Her name is Pax. 44 00:02:33,133 --> 00:02:35,466 -Is this a picture of Pax? -Yes. 45 00:02:35,533 --> 00:02:36,966 Where did you get Pax from? 46 00:02:37,033 --> 00:02:39,233 I actually got her from the defendant. 47 00:02:39,300 --> 00:02:43,033 Um, in September of 2020, I inquired about a puppy. 48 00:02:43,100 --> 00:02:45,500 She said, "Hey, I have this seven-month-old puppy. 49 00:02:45,567 --> 00:02:46,867 She was an owner return." 50 00:02:46,934 --> 00:02:49,133 So I met her, I loved her, 51 00:02:49,200 --> 00:02:52,834 and I paid for Pax and then she came home with me about a month later. 52 00:02:52,900 --> 00:02:55,066 Did you have any other dogs in your home at this time? 53 00:02:55,133 --> 00:02:57,133 Yes, I had four other dogs. 54 00:02:57,200 --> 00:02:58,633 -Anything else? -Three cats. 55 00:02:58,700 --> 00:02:59,867 -And three cats. -Yes. 56 00:03:00,400 --> 00:03:01,967 -[Levy] Do you have any children? -I do. 57 00:03:02,033 --> 00:03:05,433 And at the time that Pax gave birth, which was June of this year, 58 00:03:05,500 --> 00:03:08,734 -how old was your child? -She just turned three. 59 00:03:08,800 --> 00:03:11,734 [Levy] And you were about, when Pax was bred, 60 00:03:11,800 --> 00:03:13,567 you were seven months pregnant at the time. 61 00:03:13,633 --> 00:03:15,367 -Correct. -[Levy] Was this picture of Pax 62 00:03:15,433 --> 00:03:17,767 prior to her becoming pregnant? 63 00:03:17,834 --> 00:03:20,033 Yes, she's always looked like that. 64 00:03:20,100 --> 00:03:22,333 And she was about what? About 120 pounds? 65 00:03:22,400 --> 00:03:25,767 -Is that what her general weight is? -She usually stayed between 115 and 120. 66 00:03:25,834 --> 00:03:29,600 She doesn't eat more than about seven to eight cups a day. 67 00:03:29,667 --> 00:03:31,667 Uh, that's what she prefers. 68 00:03:31,734 --> 00:03:35,800 And this is a picture of what Pax looked like during pregnancy. 69 00:03:35,867 --> 00:03:37,000 -Is that right? -Yes. 70 00:03:37,066 --> 00:03:40,333 That was one of the first photos I sent her because I was worried 71 00:03:40,400 --> 00:03:43,966 that she was getting smaller-- Skinnier on the spine. 72 00:03:44,033 --> 00:03:47,367 And what we concluded, what we assumed what was happening 73 00:03:47,433 --> 00:03:49,800 was because she's so naturally lean, 74 00:03:49,867 --> 00:03:53,066 that the weight of the puppies was bringing her down 75 00:03:53,133 --> 00:03:55,734 to make her look like she was underfed. 76 00:03:55,800 --> 00:03:58,767 And so I was texting her consistently asking her 77 00:03:58,834 --> 00:04:00,867 what things I could possibly do 78 00:04:00,934 --> 00:04:03,800 to help her gain weight, to make her eat more. 79 00:04:03,867 --> 00:04:04,967 Because it was important 80 00:04:05,033 --> 00:04:06,567 -that she had enough nutrients... -[Chaney] Correct. 81 00:04:06,633 --> 00:04:09,100 ...to feed not only herself and care for herself, 82 00:04:09,166 --> 00:04:11,000 -but also her puppies. -[Chaney] Correct. 83 00:04:11,066 --> 00:04:14,433 So you got Pax in September 2020 84 00:04:14,500 --> 00:04:16,966 from the defendant and how much was she? 85 00:04:17,033 --> 00:04:19,100 -Nineteen hundred. -[Levy] Is that true? 86 00:04:19,166 --> 00:04:21,065 Yes, Your Honor, it was pet price. 87 00:04:21,132 --> 00:04:23,200 -What does that mean? -[Stark] It means she did not have 88 00:04:23,266 --> 00:04:25,834 breeding rights to the dog. It was only a pet. 89 00:04:25,900 --> 00:04:28,033 -Was that your understanding as well? -Yes. I understood. 90 00:04:28,100 --> 00:04:30,332 [Levy] So just so we're clear, Ms. Stark, 91 00:04:30,400 --> 00:04:32,233 if you sell a dog as a pet 92 00:04:32,300 --> 00:04:35,767 versus as a breeder, what's the difference in price? 93 00:04:35,834 --> 00:04:38,933 Um, well, typically I don't like to sell them full and-- 94 00:04:39,000 --> 00:04:40,400 When you say full, what does that mean? 95 00:04:40,467 --> 00:04:43,767 Full means full registration rights, which allows you to breed dogs. 96 00:04:43,834 --> 00:04:46,467 But if I were to sell the puppies on full, 97 00:04:46,533 --> 00:04:49,266 they probably would have been more like $3,500-$4,500. 98 00:04:49,332 --> 00:04:51,933 I see. So you pay $1,900, 99 00:04:52,000 --> 00:04:54,433 but then you decided that you wanted to breed her. 100 00:04:54,500 --> 00:04:55,767 -Yes. -How did you end up 101 00:04:55,834 --> 00:04:59,000 discussing that with the defendant and did you pay more money? 102 00:04:59,066 --> 00:05:01,800 It was either to pay her the remaining amount 103 00:05:01,867 --> 00:05:05,600 or I give her two puppies from a litter that she picks 104 00:05:05,667 --> 00:05:07,200 for breeding rights. 105 00:05:07,266 --> 00:05:09,600 -Two puppies from the first litter? -Correct. 106 00:05:09,667 --> 00:05:15,266 Now where did you find the stud, the male, to breed with Pax? 107 00:05:15,333 --> 00:05:18,300 The stud came from the defendant's friend. 108 00:05:18,367 --> 00:05:20,934 -[Levy] Did you pay her? -[Chaney] It was two puppy backs. 109 00:05:21,000 --> 00:05:23,967 -Two puppies from the first litter also? -Yes. 110 00:05:24,033 --> 00:05:25,332 [Levy] So two to the defendant 111 00:05:25,400 --> 00:05:26,700 -and two to the breeder. -Mm-hm. 112 00:05:26,767 --> 00:05:30,400 How many days prior to her actually giving birth did you drop Pax off? 113 00:05:30,467 --> 00:05:32,467 I dropped her off on June 9th. 114 00:05:32,533 --> 00:05:35,133 And was this the way she looked when you dropped her off? 115 00:05:35,200 --> 00:05:40,000 There's another photo that I took the day I brought her in for radiographs. 116 00:05:40,066 --> 00:05:42,633 That was on June 9th, you brought her to your vet 117 00:05:42,700 --> 00:05:44,734 so that they could take an X-ray of her belly 118 00:05:44,800 --> 00:05:46,467 to find out how many puppies she was gonna have. 119 00:05:46,533 --> 00:05:48,834 That's when you found out she was gonna have the 10 puppies. 120 00:05:48,900 --> 00:05:50,467 -Mm-hm. -[Levy] Did you do anything else 121 00:05:50,533 --> 00:05:54,567 to ensure that Pax was healthy enough to give birth? 122 00:05:54,633 --> 00:05:56,500 Because she was having problems, was she not? 123 00:05:56,567 --> 00:06:00,400 She was typical. She was just having minor issues 124 00:06:00,467 --> 00:06:02,000 but it wasn't anything extravagant. 125 00:06:02,066 --> 00:06:04,800 She wasn't having problems with diarrhea? 126 00:06:04,867 --> 00:06:07,166 She wasn't having problems with losing weight? 127 00:06:07,233 --> 00:06:09,367 She wasn't having problems with not eating? 128 00:06:09,433 --> 00:06:12,567 She was eating, she was eating the exact amount she always eats, 129 00:06:12,633 --> 00:06:14,033 it was getting her to eat more. 130 00:06:14,100 --> 00:06:17,166 No, Your Honor, she was telling me that she was having a really hard time 131 00:06:17,233 --> 00:06:19,433 getting her to eat even five cups of food, 132 00:06:19,500 --> 00:06:22,867 and that she doesn't understand why the dog was still dropping weight. 133 00:06:22,934 --> 00:06:26,967 Okay, and by the way, I want you to explain to me what it is now 134 00:06:27,033 --> 00:06:30,133 that you claim the defendant did, or did not do, 135 00:06:30,200 --> 00:06:32,332 that was neglectful in your opinion, 136 00:06:32,400 --> 00:06:34,166 that caused the death of your four puppies. 137 00:06:34,233 --> 00:06:38,233 On June 14th, she brought Pax in with her puppies to be examined. 138 00:06:38,300 --> 00:06:41,100 At the time, two puppies had already passed 139 00:06:41,166 --> 00:06:45,133 and then we determined that the third puppy, his heart was fading. 140 00:06:45,200 --> 00:06:50,066 So that doctor determined that it would be best to put him to sleep 141 00:06:50,133 --> 00:06:52,033 because at that time he was suffering. 142 00:06:52,100 --> 00:06:55,066 So while I was in the surgery room and he was getting put to sleep, 143 00:06:55,133 --> 00:06:57,633 the doctor went to the back and examined Pax. 144 00:06:58,100 --> 00:07:00,767 He came to me, he said, "She's not lethargic, 145 00:07:00,834 --> 00:07:04,633 she's still eating her food, she's drinking, she's acting normal. 146 00:07:04,700 --> 00:07:08,400 Just monitor her. I don't want to prescribe antibiotics 147 00:07:08,467 --> 00:07:09,934 because that could hurt the puppies." 148 00:07:10,000 --> 00:07:14,233 I relayed that exact message to her and she said, "Okay." 149 00:07:14,300 --> 00:07:17,567 Throughout that entire week I was texting her and saying, 150 00:07:17,633 --> 00:07:20,967 "How are they doing, how's Pax doing, how's the discharge?" 151 00:07:21,033 --> 00:07:23,867 -Everything was fine. -[Levy] When you say discharge, 152 00:07:23,934 --> 00:07:26,066 you were getting notified by the defendant 153 00:07:26,133 --> 00:07:28,533 that there was quite a bit of discharge 154 00:07:28,600 --> 00:07:31,367 coming from Pax throughout the entire time 155 00:07:31,433 --> 00:07:33,767 that she had whelped, gave birth. Is that true? 156 00:07:33,834 --> 00:07:38,967 She received a couple of photos, including what was-- I had it on my glove 157 00:07:39,033 --> 00:07:40,300 and I sent her that as well. 158 00:07:40,367 --> 00:07:42,033 [Chaney] But she wasn't telling me 159 00:07:42,100 --> 00:07:44,367 throughout the week the discharge was still persistent. 160 00:07:44,433 --> 00:07:47,667 It was getting worse and worse up until June 20th. 161 00:07:47,734 --> 00:07:50,533 She-- And then that's when she sent me the photo with that glove 162 00:07:50,600 --> 00:07:52,533 showing that it's gotten worse. 163 00:07:52,600 --> 00:07:55,400 And so I said I think she needs to come in for-- I said a mom exam 164 00:07:55,467 --> 00:07:57,900 because something's going on. 165 00:07:57,967 --> 00:08:01,233 [Levy] You do recall on July 8th there was a text message. 166 00:08:01,300 --> 00:08:04,900 You say, "Do you think," to the defendant, "I neglected Pax?" 167 00:08:04,967 --> 00:08:08,433 And her response was, "No, intentionally. I don't think so. 168 00:08:08,500 --> 00:08:11,467 I don't think you would purposely do anything to hurt your dogs, 169 00:08:11,533 --> 00:08:14,433 but the fact that you told me your vet did see her 170 00:08:14,500 --> 00:08:17,700 and said they did not know what to prescribe her, 171 00:08:17,767 --> 00:08:22,934 then to find out that they never saw her, put her and her puppies at risk. 172 00:08:23,000 --> 00:08:26,300 That was very neglectful and that's what made me mad. 173 00:08:26,367 --> 00:08:30,033 She would have been able to nurse, the puppies would not have gotten sick, 174 00:08:30,100 --> 00:08:34,232 and she would have gotten the medication she needed much faster. 175 00:08:34,299 --> 00:08:36,900 It has caused all the issues that the puppies have had." 176 00:08:36,967 --> 00:08:38,200 That you lied to her. 177 00:08:38,265 --> 00:08:40,433 -That's what she wrote to you. -Mm-hm. 178 00:08:40,500 --> 00:08:42,500 [Levy] What was it that she lied to you about? 179 00:08:42,567 --> 00:08:45,033 When I drove the puppies to her vet, 180 00:08:45,100 --> 00:08:49,600 she told me the vet was going to see Pax and bring out medication for her 181 00:08:49,667 --> 00:08:51,667 and then we would be on our way. 182 00:08:51,734 --> 00:08:55,033 When she brought her out, she's like, well they don't know what to prescribe 183 00:08:55,100 --> 00:08:56,734 a pregnant or nursing dog, 184 00:08:56,800 --> 00:08:59,800 so they told me to just tell you to watch her eating and drinking. 185 00:08:59,867 --> 00:09:01,900 If she's eating and drinking, then she's fine. 186 00:09:01,967 --> 00:09:04,900 And she lied to me. She never had the dog seen 187 00:09:04,967 --> 00:09:06,333 they never gave her antibiotics. 188 00:09:06,400 --> 00:09:09,066 She told me the truth the day she picked up the dog. 189 00:09:09,133 --> 00:09:11,900 The puppies could have gotten the infection from the milk. 190 00:09:11,967 --> 00:09:15,166 They could have had the fading puppy syndrome. 191 00:09:15,233 --> 00:09:17,934 And Pax was not a careful mom. 192 00:09:18,000 --> 00:09:21,533 I got it. When the defendant sent you that text on July 8th, 193 00:09:21,600 --> 00:09:25,333 when she said that you had lied to her, that the doctor never examined her, 194 00:09:25,400 --> 00:09:28,867 you never denied it in any of your texts. Why? 195 00:09:29,533 --> 00:09:31,934 [narrator] Coming up on Tribunal Justice... 196 00:09:32,000 --> 00:09:34,633 What kind of money problems were you having at this time? 197 00:09:34,700 --> 00:09:36,734 Because you were having money problems, weren't you? 198 00:09:36,800 --> 00:09:38,033 -Yes. -Mm-hm. 199 00:09:38,100 --> 00:09:41,133 You were counting on those puppies, weren't you? Mm-hm. 200 00:09:48,367 --> 00:09:52,834 [narrator] Darrian Chaney is suing her former friend and dog breeder, Tonya Stark 201 00:09:52,900 --> 00:09:55,533 for the cost of Great Dane puppies. 202 00:09:55,600 --> 00:09:59,600 Tonya is countersuing for dog care and vet bills. 203 00:10:00,000 --> 00:10:02,967 When the defendant sent you that text on July 8th, 204 00:10:03,033 --> 00:10:06,567 when she said that you had lied to her, that the doctor never examined her. 205 00:10:06,633 --> 00:10:10,066 You never denied it in any of your texts. Why? 206 00:10:10,133 --> 00:10:12,900 -It was all verbal. -So you're saying you denied it verbally. 207 00:10:12,967 --> 00:10:15,433 [Chaney] A lot of our conversations were on the phone. 208 00:10:15,500 --> 00:10:16,700 Judge Acker. 209 00:10:16,767 --> 00:10:19,667 I feel like something really horrible happened here. 210 00:10:19,734 --> 00:10:22,533 I mean, it's terrible to lose puppies. 211 00:10:22,600 --> 00:10:26,700 But I also have no idea how you are going to prove your case 212 00:10:26,767 --> 00:10:28,400 or how you're going to prove your countersuit. 213 00:10:28,467 --> 00:10:30,900 So I'm going to start with you, Miss Chaney. 214 00:10:30,967 --> 00:10:36,200 Your case is about the fact that the defendant did not take Pax 215 00:10:36,266 --> 00:10:39,266 and her litter to your vet on the 13th, 216 00:10:39,333 --> 00:10:43,200 but that she took the animals to her vet the next day, is it not? 217 00:10:43,266 --> 00:10:45,000 -No. -Let's look at your complaint 218 00:10:45,066 --> 00:10:47,333 because according to you, you say, 219 00:10:47,400 --> 00:10:51,633 "Since Tonya neglected my dog Pax and didn't take her to the vet 220 00:10:51,700 --> 00:10:56,133 as soon as she noticed she was ill, she owes me $10,000 for fatal injuries." 221 00:10:56,600 --> 00:11:02,300 Further, in your complaint, you say that Pax gave birth on June 13th. 222 00:11:02,367 --> 00:11:05,400 You take issue with the fact that the defendant 223 00:11:05,467 --> 00:11:07,967 didn't take Pax to the vet until the next day. 224 00:11:08,033 --> 00:11:10,633 No, that wasn't what I was saying. 225 00:11:10,700 --> 00:11:12,667 Pax had her puppies on the 13th. 226 00:11:12,734 --> 00:11:15,734 On the 14th, that's when Pax laid on the puppies. 227 00:11:15,800 --> 00:11:20,066 She was telling me that the puppies weren't doing well 228 00:11:20,133 --> 00:11:21,834 and Pax had discharge. 229 00:11:21,900 --> 00:11:25,433 So that's when on June 14th, she brought her into my vet. 230 00:11:25,500 --> 00:11:29,033 The only reason why I suggested my vet was because I worked there. 231 00:11:29,100 --> 00:11:30,467 I could get get her in there faster. 232 00:11:30,533 --> 00:11:33,000 Otherwise she'd have to call her vet and schedule an appointment. 233 00:11:33,066 --> 00:11:35,767 So she brought her in around 8 am on the 14th. 234 00:11:35,834 --> 00:11:38,900 The doctor said I don't see the discharges there, 235 00:11:38,967 --> 00:11:43,233 but monitor her. She's still eating, she's not lethargic, 236 00:11:43,300 --> 00:11:46,500 she's acting totally normal, just monitor the discharge. 237 00:11:46,567 --> 00:11:50,233 So from the 14th all the way to the 20th, she was still with the defendant. 238 00:11:50,300 --> 00:11:53,333 That whole time I was asking her how she's doing 239 00:11:53,400 --> 00:11:56,165 because at the time I wasn't doing well myself. 240 00:11:56,233 --> 00:11:58,667 Like I said, I was unknowingly due the next week. 241 00:11:58,734 --> 00:12:00,934 I wasn't due for another two and a half weeks. 242 00:12:01,000 --> 00:12:04,333 So I was asking her the whole time, how is she doing? 243 00:12:04,400 --> 00:12:07,266 Is she doing okay? She's like, "Yeah, she's eating this many cups, 244 00:12:07,333 --> 00:12:11,166 she's doing this, she's doing this." And I thought everything was fine. 245 00:12:11,233 --> 00:12:13,600 I was like, okay, I trust her, I-- 246 00:12:13,667 --> 00:12:15,767 How did she breach your trust? 247 00:12:15,834 --> 00:12:19,100 Because the entire week, she didn't say anything was wrong. 248 00:12:19,166 --> 00:12:21,767 I saw an abundance of text messages 249 00:12:21,834 --> 00:12:24,367 where you all are communicating about the dog, 250 00:12:24,433 --> 00:12:26,433 "Is the dog eating and what's the dog eating? 251 00:12:26,500 --> 00:12:28,467 And I'm going to pick this stuff up and this--" 252 00:12:28,533 --> 00:12:30,000 -There were communications. -[Chaney] There was, yes. 253 00:12:30,066 --> 00:12:31,934 And in your complaint, 254 00:12:32,000 --> 00:12:36,266 you say her hesitation led to why we are in court today. 255 00:12:36,333 --> 00:12:37,767 I just don't see evidence of that. 256 00:12:37,834 --> 00:12:40,300 Well, the discharge was not being updated. 257 00:12:40,367 --> 00:12:43,266 Yes, she was updating me how she was feeling, if she was eating. 258 00:12:43,333 --> 00:12:45,500 What do you mean the discharge wasn't being updated? 259 00:12:45,567 --> 00:12:48,800 You mean she was supposed to send you hourly texts 260 00:12:48,867 --> 00:12:50,066 -about the discharge? -[Chaney] No. 261 00:12:50,133 --> 00:12:52,165 -No. -It's not what you say in your complaint. 262 00:12:52,233 --> 00:12:58,233 In your complaint, you say that instead of taking Pax to your vet immediately, 263 00:12:58,300 --> 00:13:01,033 she took Pax to her vet the next day. 264 00:13:01,100 --> 00:13:03,700 -No, that was-- -No, don't say no. 265 00:13:03,767 --> 00:13:05,633 This is what you wrote in court. 266 00:13:06,300 --> 00:13:08,500 Now I wanna talk about your countersuit 267 00:13:08,567 --> 00:13:12,533 because according to you she now owes you $10,000 268 00:13:12,600 --> 00:13:15,233 for all of these things that you never agreed on, 269 00:13:15,300 --> 00:13:18,033 like whelping services, 1500, 270 00:13:18,100 --> 00:13:21,734 post advanced, plus delivery care, $3,000. 271 00:13:21,800 --> 00:13:26,767 Stud owner due to co-owner's breach of breeder contract, $5,000. 272 00:13:26,834 --> 00:13:29,700 Where was the contract where she promised to give you all of these things? 273 00:13:29,767 --> 00:13:32,533 -It was all verbal that we discussed. -[Acker] So no, no, no, 274 00:13:32,600 --> 00:13:37,033 I did not see in any of these text messages that there was a promise 275 00:13:37,100 --> 00:13:38,734 to pay you for these things. 276 00:13:38,800 --> 00:13:42,900 Um, the whelping services and the care is typically what I charge. 277 00:13:42,967 --> 00:13:45,934 Not typically, show me where she said she was going to pay you this. 278 00:13:46,000 --> 00:13:49,066 -[Stark] She did not-- I-- -Never, never, she never agreed to that. 279 00:13:49,133 --> 00:13:51,500 -No, she-- She did agree to a few things. -But after the puppies died 280 00:13:51,567 --> 00:13:53,934 you've now decided that you can come up with a way 281 00:13:54,000 --> 00:13:56,300 that she owes you $10,000. 282 00:13:56,967 --> 00:13:57,834 Yes, Your Honor. 283 00:13:57,900 --> 00:13:59,967 Court is not lottery, this is not Vegas. 284 00:14:00,100 --> 00:14:01,700 -No, ma'am. -[Acker] Judge DiMango. 285 00:14:01,767 --> 00:14:03,200 [DiMango] Didn't you get two puppies? 286 00:14:03,266 --> 00:14:05,600 [Stark] Actually, the stud owner repossessed the entire litter 287 00:14:05,667 --> 00:14:10,066 and I was just compensated for some of my time and expenses. 288 00:14:10,133 --> 00:14:13,000 But pursuant to the agreement, you would have gotten two. 289 00:14:13,066 --> 00:14:16,533 And that happened not because of the plaintiff, however, 290 00:14:16,600 --> 00:14:19,000 that happened because of the stud owner, correct? 291 00:14:19,066 --> 00:14:21,233 -Yes, the stud owner. -So basically, 292 00:14:21,300 --> 00:14:24,667 she complied with your payment portion of the contract. 293 00:14:24,734 --> 00:14:27,600 So what was abundantly clear to me is 294 00:14:27,667 --> 00:14:31,633 you love having pets and you love animals. 295 00:14:31,700 --> 00:14:33,834 You are an experienced breeder 296 00:14:33,900 --> 00:14:36,967 who also shares that similar passion for animals. 297 00:14:37,033 --> 00:14:39,533 I'm not that experienced with pets, 298 00:14:39,600 --> 00:14:43,400 but there were three ways that these puppies could have died, 299 00:14:43,467 --> 00:14:45,967 two of which we've already seen in this case. 300 00:14:46,033 --> 00:14:49,333 One, animals are much more instinctual 301 00:14:49,400 --> 00:14:52,100 in how they go about life than we are. 302 00:14:52,165 --> 00:14:53,700 They know when they're sick. 303 00:14:53,767 --> 00:14:56,633 And I also feel that, you know, we're talking about 304 00:14:56,700 --> 00:14:59,033 she didn't want to nurse the puppies 305 00:14:59,100 --> 00:15:01,567 because she knew that she could pass 306 00:15:01,633 --> 00:15:04,567 the vaginal infection that she had. 307 00:15:04,633 --> 00:15:06,734 The-- I think it was like a yeast infection. 308 00:15:06,800 --> 00:15:09,266 That could have been passed to the pups. 309 00:15:09,333 --> 00:15:13,400 In fact, a couple of them I recall reading the message, had something in their eye, 310 00:15:13,467 --> 00:15:17,934 the same kind of mucus that was coming from her as well, correct? 311 00:15:18,000 --> 00:15:19,800 -Correct, Your Honor. -[DiMango] So that was one way 312 00:15:19,867 --> 00:15:21,900 that the pups could have passed. 313 00:15:22,367 --> 00:15:27,967 The second way obviously was that Pax apparently laid on one of the pups 314 00:15:28,033 --> 00:15:30,266 and caused that pup to die. 315 00:15:30,333 --> 00:15:32,333 Once again, I mean, she was sick. 316 00:15:32,400 --> 00:15:35,100 To what degree, I don't know, and neither do you know, 317 00:15:35,165 --> 00:15:37,100 and neither did the vets know, really. 318 00:15:37,165 --> 00:15:40,934 You just knew that there was this discharge that was an issue. 319 00:15:41,000 --> 00:15:44,567 -And the third way is the fading-- -Fading puppy syndrome. 320 00:15:44,633 --> 00:15:45,800 [DiMango] Fading puppy syndrome. 321 00:15:45,867 --> 00:15:48,600 Which it appeared that the first one or two of the puppies 322 00:15:48,667 --> 00:15:51,266 actually might have passed from that. 323 00:15:51,333 --> 00:15:53,133 So of this litter of 10, 324 00:15:53,200 --> 00:15:57,367 we have 4 pups that passed in any one of these different ways. 325 00:15:57,433 --> 00:16:01,400 I mean, to point the finger when this is probably nature's way 326 00:16:01,467 --> 00:16:04,533 of saying, "This shouldn't be. We're gonna take care of it." 327 00:16:04,600 --> 00:16:08,166 So I don't see, without expert testimony, 328 00:16:08,233 --> 00:16:11,800 how either one of you could point the finger at the other person. 329 00:16:11,867 --> 00:16:13,900 You know, this didn't work out for Pax 330 00:16:13,967 --> 00:16:16,400 more than it didn't work out for the two of you. 331 00:16:16,467 --> 00:16:17,934 I don't have any other questions. 332 00:16:18,000 --> 00:16:21,934 I'm gonna follow up because what I don't understand from you, ma'am, Miss Chaney, 333 00:16:22,000 --> 00:16:24,834 is that you made it very clear to Judge Acker that you deny 334 00:16:24,900 --> 00:16:28,567 that you're claiming that this was a one-day delay in treatment 335 00:16:28,633 --> 00:16:34,500 and that one day and the defendant not bringing Pax to your vet never happened. 336 00:16:34,567 --> 00:16:36,266 -Right? -[Chaney] She brought her on the 14th. 337 00:16:36,333 --> 00:16:38,433 On the 14th. I'm not talking about the 14th, 338 00:16:38,500 --> 00:16:42,165 which is the day that you claim your doctor saw the dog. 339 00:16:42,567 --> 00:16:45,033 -Yes, I have a letter too. -[Levy] I don't care what the letter says. 340 00:16:45,100 --> 00:16:47,066 You work in this place with this doctor, right? 341 00:16:47,133 --> 00:16:50,734 I don't care what any letter says. Let's just agree on the following. 342 00:16:50,800 --> 00:16:54,233 On the 14th, after being advised that your dog was discharging 343 00:16:54,300 --> 00:16:58,767 a green mucus substance from her vagina for several days, 344 00:16:58,834 --> 00:16:59,934 she's losing weight, 345 00:17:00,066 --> 00:17:03,834 that she has dead parasites in her diarrhea-- Hold on. 346 00:17:03,900 --> 00:17:07,300 Your vet, according to what you testified a moment ago, 347 00:17:07,367 --> 00:17:10,099 said that there was no antibiotics that were necessary. 348 00:17:10,165 --> 00:17:11,767 That's what you said on the 14th. 349 00:17:11,834 --> 00:17:14,165 You said that this one-day delay 350 00:17:14,233 --> 00:17:17,233 where you wanted her to go on the 22nd to your vet, 351 00:17:17,300 --> 00:17:19,066 and she said no, never happened. 352 00:17:19,133 --> 00:17:20,700 I'm gonna read you the text. 353 00:17:20,767 --> 00:17:24,767 June 22nd, you, 2:52 pm. 354 00:17:24,834 --> 00:17:29,567 "If I call my vet, would you be able to bring her there? 355 00:17:29,633 --> 00:17:31,900 I'm hoping it's just vaginitis." 356 00:17:32,367 --> 00:17:36,033 And she doesn't respond until 5:05. 357 00:17:36,633 --> 00:17:39,567 And you write a note in the margin of that text 358 00:17:39,633 --> 00:17:43,000 that your vet office was closed by that time. 359 00:17:43,066 --> 00:17:44,633 And then on June 23rd, 360 00:17:44,700 --> 00:17:48,266 the defendant says to you, "The puppies have pus in their eyes. 361 00:17:48,333 --> 00:17:52,734 My vet warned it could have happened if they got covered in pus." 362 00:17:52,800 --> 00:17:55,467 So she took the puppies to her vet. 363 00:17:55,533 --> 00:17:58,066 The puppies were sucking near Pax when the defendant says, 364 00:17:58,133 --> 00:18:00,734 that she took a quick nap and her daughter Delilah 365 00:18:00,800 --> 00:18:03,133 fell asleep on the job. LOL. 366 00:18:03,600 --> 00:18:07,166 And you, who were so upset that you think that she's the cause 367 00:18:07,233 --> 00:18:11,467 of your four puppies dying, reply, "Laugh out loud. 368 00:18:11,533 --> 00:18:15,233 I'm glad you caught that in the eye now instead of later." 369 00:18:15,834 --> 00:18:17,667 That was your response. 370 00:18:17,734 --> 00:18:20,967 Explain how, while you believe at this period of time, 371 00:18:21,033 --> 00:18:25,033 based upon the 14th of June when you took your dog to the vet the first time, 372 00:18:25,100 --> 00:18:29,834 and now when she's delayed for one day taking to her vet, 373 00:18:29,900 --> 00:18:33,066 your response to her is, "Laugh out loud, ha ha, it's not a big deal." 374 00:18:33,133 --> 00:18:35,867 And yet you're here suing her for $10,000. 375 00:18:35,934 --> 00:18:38,500 What kind of money problems were you having at this time? 376 00:18:38,567 --> 00:18:40,133 Because you were having money problems, weren't you? 377 00:18:40,867 --> 00:18:43,300 [narrator] Coming up on Tribunal Justice... 378 00:18:43,367 --> 00:18:46,767 Her vet got her those antibiotics and they did blood work on her. 379 00:18:46,834 --> 00:18:48,667 -Yes, Your Honor. -And what did that blood work show? 380 00:18:48,734 --> 00:18:50,333 Elevated white blood count. 381 00:18:50,400 --> 00:18:53,333 She had an infection in the uterus that was going to kill her. 382 00:18:53,767 --> 00:18:55,266 Kill her. 383 00:18:55,333 --> 00:18:57,734 And all you cared about was your money. 384 00:19:06,567 --> 00:19:09,266 What kind of money problems were you having at this time? 385 00:19:09,333 --> 00:19:11,100 Because you were having money problems, weren't you? 386 00:19:11,567 --> 00:19:13,133 -Yes. -Mm-hm. 387 00:19:13,200 --> 00:19:15,867 You were counting on those puppies, weren't you? Mm-hm. 388 00:19:15,934 --> 00:19:18,233 You told her that not only could you not pay your mortgage 389 00:19:18,300 --> 00:19:20,467 because you were up to here in debt, 390 00:19:20,533 --> 00:19:22,934 but that you had to sell stuff to pay your mortgage. 391 00:19:23,000 --> 00:19:24,767 You don't remember telling that to her? 392 00:19:24,834 --> 00:19:26,567 I probably did. 393 00:19:26,633 --> 00:19:28,834 You probably did. That's exactly what you did. 394 00:19:28,900 --> 00:19:32,667 You don't remember after June 23rd, her telling you 395 00:19:32,734 --> 00:19:36,667 that because of her doctor-- Her vet, not yours, 396 00:19:36,734 --> 00:19:41,133 not the one who said, "Oh, she looks fine to me, she doesn't need antibiotics." 397 00:19:41,200 --> 00:19:43,266 Her vet got her those antibiotics. 398 00:19:43,333 --> 00:19:44,700 -Is that right? -Yes, Your Honor. 399 00:19:44,767 --> 00:19:46,567 And not only did they give her antibiotics, 400 00:19:46,633 --> 00:19:48,533 they did blood work on her, didn't they? 401 00:19:48,600 --> 00:19:50,567 -[Stark] Yes, Your Honor. -And what did that blood work show? 402 00:19:50,633 --> 00:19:52,800 -Elevated white blood count. -Yes, Your Honor. 403 00:19:52,867 --> 00:19:55,633 She had an infection in the uterus that was going to kill her. 404 00:19:56,800 --> 00:19:57,934 Kill her. 405 00:19:58,000 --> 00:19:59,633 Who saved your dog? 406 00:20:00,266 --> 00:20:02,700 And all you cared about was your money. 407 00:20:02,767 --> 00:20:04,900 That's all you cared about, according to those texts. 408 00:20:04,967 --> 00:20:07,233 -Okay. -And you sue her for $10,000. 409 00:20:07,734 --> 00:20:12,300 But in all fairness, though, you picked up Pax on what day? July 1? 410 00:20:12,667 --> 00:20:14,333 -Yes. -Who had the puppies? 411 00:20:14,400 --> 00:20:17,033 -[Chaney] She did. -[Levy] You left without those puppies? 412 00:20:17,100 --> 00:20:19,600 I wasn't taking them because they were still too young. 413 00:20:19,667 --> 00:20:21,000 What did you do with those puppies? 414 00:20:21,066 --> 00:20:22,700 Because you had them and you were entitled to two of them. 415 00:20:22,767 --> 00:20:25,533 You could have sold those two and recouped your losses, 416 00:20:25,600 --> 00:20:28,233 but you gave those up to the original stud owner, correct? 417 00:20:28,300 --> 00:20:30,767 -Because we had a contract-- -[Levy] You gave those up. 418 00:20:30,834 --> 00:20:33,433 -Yes, Your Honor. -Mm-hm. Okay, thank you. 419 00:20:33,500 --> 00:20:35,867 We're going to retire to deliberate. Thank you both. 420 00:20:36,667 --> 00:20:39,734 This court now stands in recess, parties are excused. 421 00:20:41,367 --> 00:20:46,200 The plaintiff-- Listen, she loves animals. There's absolutely no doubt about that. 422 00:20:46,266 --> 00:20:49,767 Four dogs, three cats, a two-and-a-half-year-old 423 00:20:49,834 --> 00:20:50,934 and she's giving birth, 424 00:20:51,000 --> 00:20:54,734 but she decides that that's the right time to breed a Great Dane, 425 00:20:54,800 --> 00:20:59,300 especially with a new mother, as the dog has never done it before. 426 00:20:59,367 --> 00:21:01,834 It just showed pretty poor judgment. 427 00:21:01,900 --> 00:21:05,333 And from what I saw in all those texts and what we just heard 428 00:21:05,400 --> 00:21:08,133 suggests to me that that judgment just never got any better. 429 00:21:08,200 --> 00:21:11,867 For her to try to place blame squarely on the shoulders of the defendant, 430 00:21:11,934 --> 00:21:15,767 when that dog came to the defendant's house, was brought there by the plaintiff, 431 00:21:15,834 --> 00:21:20,200 with discharge and with parasites in its poop, losing weight. 432 00:21:20,266 --> 00:21:23,767 That's how it was dropped off and she just sits in here and denies it. 433 00:21:23,834 --> 00:21:26,066 In her mind, she's concocted this whole story 434 00:21:26,133 --> 00:21:28,467 about how she is the victim and she's just not. 435 00:21:28,533 --> 00:21:31,233 The victim is Pax, and the four puppies who died. 436 00:21:31,700 --> 00:21:34,533 For her to just deny that what she said in her complaint, 437 00:21:34,600 --> 00:21:37,200 that you could not have been any more clear about, Tanya, 438 00:21:37,266 --> 00:21:41,433 was that the one-day delay is what caused the problems with Pax. 439 00:21:41,500 --> 00:21:44,667 But that is inconsistent with what her text messages showed. 440 00:21:44,734 --> 00:21:48,100 She was pissed off because the defendant didn't take her to her vet 441 00:21:48,166 --> 00:21:51,900 who had already misdiagnosed saying that antibiotics weren't necessary. 442 00:21:51,967 --> 00:21:55,800 They clearly were. This dog was in dire need, as her puppies were. 443 00:21:55,867 --> 00:21:59,500 So she absolutely, in my opinion, has not made out her burden 444 00:21:59,567 --> 00:22:02,233 that this was the defendant's responsibility in the least. 445 00:22:02,300 --> 00:22:05,400 She shouldn't get that $10,000 for the death of the puppies, 446 00:22:05,467 --> 00:22:09,033 and likewise the countersuit. You know, the reason there was no contract 447 00:22:09,100 --> 00:22:12,333 was because the idea was, the defendant was going to take two of the puppies. 448 00:22:12,400 --> 00:22:16,266 The fact that the defendant chose to give all six healthy puppies 449 00:22:16,367 --> 00:22:20,800 back to the stud owner is not the fault of the plaintiff at all. 450 00:22:20,867 --> 00:22:23,900 Not at all. So I don't think that either of them deserves a penny. 451 00:22:23,967 --> 00:22:26,233 I agree with you. I mean, it's a situation 452 00:22:26,300 --> 00:22:30,567 where two people are trying to fit a tragedy into a lawsuit. 453 00:22:30,633 --> 00:22:32,100 There's just no lawsuit here. 454 00:22:32,166 --> 00:22:36,066 I don't have any basis of knowing how or why these puppies died. 455 00:22:36,133 --> 00:22:38,433 We have no competent expert testimony, 456 00:22:38,500 --> 00:22:43,567 and in fact her whole theory of the case is belied by the text messages. 457 00:22:43,633 --> 00:22:47,166 And the countersuit, I think, is a retaliatory add-on. 458 00:22:47,233 --> 00:22:50,400 You're suing me for $10,000? I'm going to sue you for $10,000. 459 00:22:50,467 --> 00:22:53,300 All I will say is that, in the grand scheme of things, 460 00:22:53,367 --> 00:22:56,000 the work that the defendant put in. 461 00:22:56,066 --> 00:22:58,066 -The care. Oh, my goodness. -She did a lot of work. 462 00:22:58,133 --> 00:23:01,667 I'm not gonna get to a place where I'm gonna say, "She did so much work." 463 00:23:01,734 --> 00:23:04,100 When you're taking that position, if you're a breeder 464 00:23:04,166 --> 00:23:05,934 and you're gonna whelp and you're gonna do that-- 465 00:23:06,000 --> 00:23:10,333 And she's done it before, so it wasn't a surprise to her as to what she took on, 466 00:23:10,400 --> 00:23:12,133 and I think she did it well. 467 00:23:12,200 --> 00:23:15,300 I don't feel as angry at the plaintiff, she did bring her to the doctor, 468 00:23:15,367 --> 00:23:18,734 she relied on her vet and he's not here to say that's what he really said, 469 00:23:18,800 --> 00:23:20,800 or that's not what he really said to her. 470 00:23:20,867 --> 00:23:23,633 So I think neither one of them has met their burden of proof. 471 00:23:23,700 --> 00:23:26,066 This is a very sad situation. 472 00:23:26,133 --> 00:23:30,266 The only one that suffered here was Pax for losing four of her litter. 473 00:23:30,333 --> 00:23:32,834 So to me, neither one of them has met their burden. 474 00:23:32,900 --> 00:23:35,667 I think they're each hurting in their own way, 475 00:23:35,734 --> 00:23:39,834 and I think that these were both lawsuits that were brought from a broken heart. 476 00:23:40,533 --> 00:23:41,500 Well said. 477 00:23:44,333 --> 00:23:47,400 Court is back in session. Parties are reminded you're still under oath. 478 00:23:47,467 --> 00:23:48,333 [Levy] Thank you, Byrd. 479 00:23:48,400 --> 00:23:50,834 It took a long time to get where we are right now. 480 00:23:50,900 --> 00:23:53,000 We could have spent another two hours on the case. 481 00:23:53,467 --> 00:23:56,400 The one thing that strikes me, however, Miss Chaney, is that 482 00:23:56,467 --> 00:23:59,500 you're still committed to your cause as you stand here, and I don't blame you. 483 00:23:59,567 --> 00:24:03,533 I know that you love Pax very much and you wanted those puppies very badly. 484 00:24:03,600 --> 00:24:07,233 Not just for money purposes, but also because they were living things 485 00:24:07,300 --> 00:24:08,967 and you would never do anything to hurt an animal. 486 00:24:09,033 --> 00:24:10,567 You're a vet assistant, I get that. 487 00:24:10,633 --> 00:24:13,600 But you come in here and you point your finger at the defendant 488 00:24:13,667 --> 00:24:15,200 and you're trying to lay blame. 489 00:24:15,266 --> 00:24:17,667 In your mind-- You have June 14th in your mind 490 00:24:17,734 --> 00:24:19,700 as the day that things went wrong with her. 491 00:24:19,767 --> 00:24:23,367 But I'm gonna share with you the text message you sent to her on the same day. 492 00:24:23,433 --> 00:24:26,533 "I really appreciate all this extra work you've been putting in. 493 00:24:26,600 --> 00:24:31,700 There is no way I can thank you enough. I could not have found a better mentor." 494 00:24:31,767 --> 00:24:34,467 -Mm-hm. -And between the 14th of June 495 00:24:34,533 --> 00:24:36,500 and the 28th of June-- 496 00:24:36,567 --> 00:24:38,700 That was after she then took her to her vet. 497 00:24:38,767 --> 00:24:43,700 --she was providing, text messages show, 24-hour care to Pax and the puppies. 498 00:24:43,767 --> 00:24:47,400 She moved and slept on an air mattress in the living room 499 00:24:47,467 --> 00:24:50,700 right next to where Pax was with the puppies, with her daughter. 500 00:24:50,767 --> 00:24:53,967 She hand-fed the puppies. She was weighing them every day. 501 00:24:54,033 --> 00:24:57,734 She provided heating blankets and lamps when they had to be removed, 502 00:24:57,800 --> 00:24:59,467 when Pax was stepping on them. 503 00:24:59,533 --> 00:25:02,066 She cleaned the puppies when they had rashes, 504 00:25:02,133 --> 00:25:04,133 cleaning their eyes when pus was coming out, 505 00:25:04,200 --> 00:25:08,000 and she made multiple calls to her vet with respect to the puppies. 506 00:25:08,066 --> 00:25:10,967 So to me, whether this was something that could have been prevented, 507 00:25:11,033 --> 00:25:13,266 or whether not, we may never know. 508 00:25:13,333 --> 00:25:16,900 But what we do know, all of us, is that you failed to meet your burden 509 00:25:16,967 --> 00:25:19,567 to prove the death of those four puppies were caused 510 00:25:19,633 --> 00:25:22,500 in any way, shape or form by the defendant. 511 00:25:22,567 --> 00:25:26,967 But likewise, unfortunately, the deal that you had was what it was. 512 00:25:27,033 --> 00:25:30,900 For whatever happened between the stud owner and you, 513 00:25:30,967 --> 00:25:33,500 that's beyond our jurisdiction, we can't address that. 514 00:25:33,567 --> 00:25:35,734 And it's because of that failure 515 00:25:35,800 --> 00:25:39,233 to establish that there was a binding contract with this plaintiff, 516 00:25:39,300 --> 00:25:41,200 that we have denied your claim. 517 00:25:41,266 --> 00:25:44,266 So again, notwithstanding what both of you have gone through, 518 00:25:44,333 --> 00:25:46,000 it is the decision of this court 519 00:25:46,066 --> 00:25:49,800 that both your complaint and the counterclaim are dismissed. 520 00:25:51,100 --> 00:25:54,633 This case is now concluded. Parties are excused. You may step out. 521 00:25:57,433 --> 00:26:00,333 Um, this just obviously was just a bad situation 522 00:26:00,400 --> 00:26:02,333 that shouldn't have even happened in the first place. 523 00:26:02,400 --> 00:26:04,400 She didn't see how often I was messaging her, 524 00:26:04,467 --> 00:26:07,233 trying to get everything taken care of 525 00:26:07,300 --> 00:26:09,100 and show how sick the dog really was. 526 00:26:09,166 --> 00:26:12,633 I wasn't there so I didn't know she was in trouble. 527 00:26:12,700 --> 00:26:16,900 I left all the decisions mostly up to her. I would ask everything for approval. 528 00:26:16,967 --> 00:26:20,033 I wasn't able to bring her to the vet myself, or else I definitely would have. 529 00:26:20,100 --> 00:26:22,233 It's expensive. It's heartbreaking. 530 00:26:22,300 --> 00:26:26,000 This was obviously not a good experience and I'm not doing it again. 531 00:26:26,066 --> 00:26:28,133 [narrator] Does someone owe you money? 532 00:26:28,567 --> 00:26:31,867 Let Tribunal Justice decide your case. 533 00:26:31,934 --> 00:26:34,834 Find us on social media at Tribunal Justice.