1 00:00:00,667 --> 00:00:02,834 Dog bites are traumatizing. 2 00:00:02,900 --> 00:00:05,400 [narrator] Now, on Tribunal Justice. 3 00:00:05,467 --> 00:00:09,233 The dog is jumping, snapping. And that's when he bit me. 4 00:00:09,300 --> 00:00:12,166 I still believe that it is partly on her. 5 00:00:13,266 --> 00:00:15,166 So, tell me what she should do. Stay home? 6 00:00:15,233 --> 00:00:16,500 He had never done that before. 7 00:00:16,567 --> 00:00:19,133 That's a you problem, not a her problem. 8 00:00:20,233 --> 00:00:22,600 -You had to put him down, is that correct? -Yes. 9 00:00:24,166 --> 00:00:25,500 [theme music playing] 10 00:00:45,934 --> 00:00:48,734 [narrator] Today's case was filed in Dade City, Florida. 11 00:00:49,533 --> 00:00:52,567 Your Honor, this is case number 3043 on the calendar 12 00:00:52,633 --> 00:00:54,433 in the matter of Johnson versus Pullen. 13 00:00:54,500 --> 00:00:56,333 -Thank you, Byrd. -You're welcome, Judge. 14 00:00:56,400 --> 00:00:59,533 Parties have been sworn in. You may be seated. Sir, have a seat. 15 00:00:59,600 --> 00:01:03,200 All right. Ms. Johnson, you were walking on the sidewalk 16 00:01:03,266 --> 00:01:06,533 when the defendant was walking her dog, and the dog bit you. 17 00:01:06,600 --> 00:01:07,600 Yes. 18 00:01:07,667 --> 00:01:08,800 [DiMango] And you missed work. 19 00:01:08,867 --> 00:01:11,734 You are also suing her for the out-of-pocket expenses, 20 00:01:11,800 --> 00:01:14,967 and also a substantial amount of money for pain and suffering. 21 00:01:15,033 --> 00:01:16,667 -Yes. -[DiMango] Which you say you sustained 22 00:01:16,734 --> 00:01:20,166 as a result of this bite. You're seeking $5,000. 23 00:01:20,233 --> 00:01:23,033 Ms. Pullen, your defense is two-fold. 24 00:01:23,100 --> 00:01:26,166 One; that she was walking too close to the dog, 25 00:01:26,233 --> 00:01:30,300 and two; her injuries were minor, and so her request for damages 26 00:01:30,367 --> 00:01:33,633 is disproportionate to that. In any event, you owe her nothing. 27 00:01:33,700 --> 00:01:34,700 [Riley] Yes, ma'am. 28 00:01:34,767 --> 00:01:36,866 So, let's put up the picture of Brady. 29 00:01:36,934 --> 00:01:38,000 What type of dog? 30 00:01:38,066 --> 00:01:39,366 [Riley] A Black Lab mix. 31 00:01:39,433 --> 00:01:40,934 [DiMango] And what's it mixed with? 32 00:01:41,000 --> 00:01:42,667 Um, I'm not sure. 33 00:01:42,734 --> 00:01:44,934 [DiMango] Really? That's unusual for pet owners. 34 00:01:45,000 --> 00:01:46,934 Does your significant other know? 35 00:01:47,000 --> 00:01:48,467 What's it mixed with? 36 00:01:48,533 --> 00:01:51,667 He was a Black Lab, a Staffy and a Pit Bull. 37 00:01:51,734 --> 00:01:54,066 [DiMango] Yeah, see, I knew you were gonna say that. 38 00:01:54,133 --> 00:01:57,967 Because people are always hesitant when their dogs bite someone 39 00:01:58,033 --> 00:02:00,700 to admit that it's a Pit Bull mix. 40 00:02:00,767 --> 00:02:04,166 Right off the bat, you start off in a bad place when you're not candid. 41 00:02:04,233 --> 00:02:07,533 Just to be honest with you. So, how long had you owned the dog? 42 00:02:07,600 --> 00:02:11,266 At that time, we had gotten him in March of the previous year. 43 00:02:11,333 --> 00:02:13,867 So, about a year and a half, I believe. 44 00:02:13,934 --> 00:02:17,934 All right. So now, let's put up the photograph ten. 45 00:02:18,000 --> 00:02:20,533 Was that the area where you were walking, Ms. Johnson? 46 00:02:20,600 --> 00:02:22,900 -Yes, ma'am. -[DiMango] So, why don't you 47 00:02:22,966 --> 00:02:25,567 start by showing us where your house was, if you can. 48 00:02:25,633 --> 00:02:29,667 So, my house is about five houses down from the corner. 49 00:02:29,734 --> 00:02:32,066 -[DiMango] Mm-hmm. -So, I came out my house, 50 00:02:32,133 --> 00:02:33,834 because my son was playing. I told him 51 00:02:33,900 --> 00:02:36,200 to come inside when the sun started going down. 52 00:02:36,266 --> 00:02:39,400 He did not answer his phone. So, I went out to get him. 53 00:02:39,466 --> 00:02:41,600 I'm walking down my street. 54 00:02:41,667 --> 00:02:45,633 This is the stop sign. I come to the stop sign and take a right. 55 00:02:45,700 --> 00:02:50,900 As I'm walking, I see her dog about 25 feet in front of me. 56 00:02:50,966 --> 00:02:55,767 Um, her dog immediately sees me and starts barking. 57 00:02:55,834 --> 00:03:01,066 She was in the sidewalk, in the grass, picking up his poop. 58 00:03:01,133 --> 00:03:05,266 And he sees me, and he immediately starts getting agitated. He started barking. 59 00:03:05,333 --> 00:03:10,500 And I move further to the right-hand side of the sidewalk, 60 00:03:10,567 --> 00:03:12,567 -just to avoid-- -[DiMango] Pause a second. 61 00:03:12,633 --> 00:03:13,600 Is that true? 62 00:03:13,667 --> 00:03:15,934 Yes. I was turned. The grass is over here. 63 00:03:16,000 --> 00:03:19,367 With my right hand, I was... I had the bag and I was trying to clean up-- 64 00:03:19,433 --> 00:03:20,966 [DiMango] Your left hand was with the leash. 65 00:03:21,033 --> 00:03:22,166 In the leash. Yes, ma'am. 66 00:03:22,233 --> 00:03:23,834 So, how long was your leash? 67 00:03:23,900 --> 00:03:26,934 I don't know the exact measure, maybe five, six feet. 68 00:03:27,000 --> 00:03:30,567 It's like a standard rope leash. Um, and I had the handle on, 69 00:03:30,633 --> 00:03:33,033 and then I had it wrapped around my wrist a couple times. 70 00:03:33,100 --> 00:03:35,633 So, he was maybe this amount away from me. 71 00:03:35,700 --> 00:03:37,700 -He was still on the sidewalk. -Mm-hmm. 72 00:03:37,767 --> 00:03:40,367 So, he was on the sidewalk; I was somewhat on the sidewalk 73 00:03:40,433 --> 00:03:43,466 and the grass is here. So, we were taking up most of that area. 74 00:03:43,533 --> 00:03:44,800 Is that accurate, ma'am? 75 00:03:44,867 --> 00:03:50,033 Right. So, as I'm still approaching, the dog is jumping, snapping, agitated. 76 00:03:50,100 --> 00:03:52,066 -Mm-hmm. -[Samantha] And as I'm passing, 77 00:03:52,133 --> 00:03:54,800 he snapped up again, and that's when he bit me. 78 00:03:54,867 --> 00:03:56,033 [DiMango] Accurate? 79 00:03:56,100 --> 00:03:59,333 I believe that it occurred when she was like directly next to us. 80 00:03:59,400 --> 00:04:02,533 I don't believe that she had passed and cleared us completely. 81 00:04:02,600 --> 00:04:05,000 That's what you think. She's not saying she cleared you either. 82 00:04:05,066 --> 00:04:08,533 So, the dog then bites your calf. What happens to you at that moment? 83 00:04:08,600 --> 00:04:10,533 -At that moment, I screamed. -[DiMango] Okay. 84 00:04:10,600 --> 00:04:12,533 I screamed. It was a lot of pain. 85 00:04:12,600 --> 00:04:15,567 So, I immediately just screamed and yelled. 86 00:04:15,633 --> 00:04:19,132 Let's show Plaintiff's One. Is that the bite that you received? 87 00:04:19,200 --> 00:04:20,466 Yes, ma'am. 88 00:04:20,533 --> 00:04:23,166 [DiMango] And then, is that during the recovery stage? 89 00:04:23,233 --> 00:04:24,233 [Samantha] Yes, ma'am. 90 00:04:24,300 --> 00:04:26,467 Were you limited in what you could do after the bite? 91 00:04:26,533 --> 00:04:29,332 I was. After the initial bite, I could not move. 92 00:04:29,400 --> 00:04:31,066 My leg started to numb. 93 00:04:31,133 --> 00:04:33,834 You were treated at the hospital. They gave you a tetanus shot. 94 00:04:33,900 --> 00:04:35,967 -And they gave you some medication. -[Samantha] Yes, ma'am. 95 00:04:36,033 --> 00:04:37,834 -How much work did you miss? -Two days. 96 00:04:37,900 --> 00:04:41,767 Now, did you attempt to get some money from the defendant as a result of this? 97 00:04:41,834 --> 00:04:44,332 Yes, ma'am. On Exhibit Five, 98 00:04:44,400 --> 00:04:46,834 in the text messages between me and the defendant, 99 00:04:46,900 --> 00:04:49,734 you can see where I actually reached out to her. 100 00:04:49,800 --> 00:04:54,100 I did see that. Where you say, call my lawyer, basically, right? 101 00:04:54,166 --> 00:04:57,266 You did not want to give her any remuneration for her expenses. 102 00:04:57,332 --> 00:04:59,600 -Is that correct? -At the time of the incident, 103 00:04:59,667 --> 00:05:03,400 right when it occurred, I did tell her we would cover any medical expenses. 104 00:05:03,467 --> 00:05:05,567 -[DiMango] Did she tell you that? Okay. -She did. 105 00:05:05,633 --> 00:05:09,300 And then, I was not contacted again until it was through a lawyer. 106 00:05:09,367 --> 00:05:12,800 And then, at that point, I was recommended by friends of mine who are lawyers 107 00:05:12,867 --> 00:05:15,834 to say that any communication should go through legal counsel, 108 00:05:15,900 --> 00:05:17,867 as to not put myself in a bad situation. 109 00:05:17,934 --> 00:05:19,166 [DiMango] You do say that here. 110 00:05:19,233 --> 00:05:21,667 My legal counsel sent a demand letter to your homeowners. 111 00:05:21,734 --> 00:05:23,900 They said they don't cover that. You respond, 112 00:05:23,967 --> 00:05:27,066 hello, after further consideration, I'm open to discussing 113 00:05:27,133 --> 00:05:29,633 a potential reimbursement for any medical fees 114 00:05:29,700 --> 00:05:33,567 directly incurred for this incident. Given the minimal nature of the injury, 115 00:05:33,633 --> 00:05:36,900 we'd like to keep the focus on covering specific medical expenses 116 00:05:36,967 --> 00:05:39,967 rather than a broader settlement for pain and suffering. 117 00:05:40,033 --> 00:05:42,834 Can you please provide any medical documents, etc.? 118 00:05:42,900 --> 00:05:45,033 She has a permanent scar on her leg. 119 00:05:45,100 --> 00:05:47,000 -Would you agree? -Yes. 120 00:05:47,066 --> 00:05:49,567 [DiMango] Do you think that is something that a young woman 121 00:05:49,633 --> 00:05:53,467 like her, statuesque, beautiful, nice legs, 122 00:05:53,533 --> 00:05:56,166 would really want to walk around with a scar on her leg? 123 00:05:56,233 --> 00:05:58,000 No, I presume she does not. 124 00:05:58,066 --> 00:06:03,367 I also don't believe that it is due for the $5,000 125 00:06:03,433 --> 00:06:06,300 of pain and suffering for something that minimal. 126 00:06:06,367 --> 00:06:10,567 It's minimal why? Because she didn't have a chunk of her leg pulled out? 127 00:06:10,633 --> 00:06:12,200 [dramatic music playing] 128 00:06:12,266 --> 00:06:14,600 [narrator] Coming up on Tribunal Justice. 129 00:06:14,667 --> 00:06:17,233 I'm just curious, what was the amount you were looking for? 130 00:06:17,300 --> 00:06:18,433 [Samantha] Fifteen hundred. 131 00:06:18,500 --> 00:06:20,367 Fifteen hundred bucks? [chuckles] 132 00:06:20,433 --> 00:06:22,800 You know what a jury would've given her for that? 133 00:06:22,867 --> 00:06:24,233 [dramatic music playing] 134 00:06:25,332 --> 00:06:27,000 [theme music playing] 135 00:06:27,066 --> 00:06:29,767 [narrator] Samantha Johnson claims a ferocious attack 136 00:06:29,834 --> 00:06:32,500 from Riley Pullen's dog left her scarred for life. 137 00:06:32,567 --> 00:06:37,233 She's suing for $5,000 in medical bills, lost wages, and pain and suffering. 138 00:06:37,300 --> 00:06:40,734 But Riley says Samantha's injury wasn't as severe as she's claiming 139 00:06:40,800 --> 00:06:43,332 and she's just looking for an easy payday. 140 00:06:43,400 --> 00:06:46,834 Do you think that that is something that a young woman like her, 141 00:06:46,900 --> 00:06:50,233 statuesque, beautiful, nice legs, 142 00:06:50,300 --> 00:06:52,767 would really want to walk around with a scar on her leg? 143 00:06:52,834 --> 00:06:57,400 No, I presume she does not. I also, I don't believe that it... 144 00:06:57,467 --> 00:07:03,400 is due for the $5,000 of pain and suffering for something that minimal. 145 00:07:03,467 --> 00:07:07,433 It's minimal why? Because she didn't have a chunk of her leg pulled out? 146 00:07:07,500 --> 00:07:11,000 Yeah, from what I could see at the incident, I did not see any blood. 147 00:07:11,066 --> 00:07:13,567 The paramedic told me that she was putting on a show, 148 00:07:13,633 --> 00:07:16,467 and that the bite looked like a five- to ten-pound dog did it. 149 00:07:16,533 --> 00:07:19,233 [DiMango] Let me stop. A five- to ten-pound dog did it. 150 00:07:19,300 --> 00:07:21,633 Is your dog visibly five to ten pounds? 151 00:07:21,700 --> 00:07:23,166 [Riley] No, he's not. He was saying... 152 00:07:23,233 --> 00:07:25,567 [DiMango] Come on. No, stop a second. 153 00:07:25,633 --> 00:07:29,266 Because there are some reports in the file, Animal Control report. 154 00:07:29,332 --> 00:07:31,467 There's a scale, it's called the Dunbar Scale. 155 00:07:31,533 --> 00:07:33,834 And that's a scale of the radius of dog bites, 156 00:07:33,900 --> 00:07:36,967 beginning with a dog just growling and being aggressive 157 00:07:37,033 --> 00:07:39,933 to a dog actually mauling and killing someone. 158 00:07:40,000 --> 00:07:44,700 On this six-level scale, this bite was a four. 159 00:07:44,767 --> 00:07:48,900 Meaning that it broke her skin and that the depth of some of those marks 160 00:07:48,967 --> 00:07:52,332 were at least half the length of the dog's tooth. 161 00:07:52,400 --> 00:07:56,367 So, let's dispel the notion that some paramedic that shows up 162 00:07:56,433 --> 00:07:58,266 says, oh, that doesn't look too bad to me. 163 00:07:58,332 --> 00:08:01,367 Because I have to tell you, having a dog bite you 164 00:08:01,433 --> 00:08:05,166 is, at the least, traumatizing. Would you say, Ms. Johnson? 165 00:08:05,233 --> 00:08:07,767 Yes, ma'am. Every day I have to relive it 166 00:08:07,834 --> 00:08:10,233 because the scar is still there. So... 167 00:08:10,300 --> 00:08:14,967 [DiMango] I mean, having been bitten by a dog with one bite, 168 00:08:15,033 --> 00:08:19,266 my whole body was shaking that day. Shaking as a result. 169 00:08:19,332 --> 00:08:22,567 When I walk past a dog now, I'm still very careful when I see that, 170 00:08:22,633 --> 00:08:24,734 especially if I see growling. 171 00:08:24,800 --> 00:08:27,667 Now, what did you end up doing with Brady? What happened here? 172 00:08:27,734 --> 00:08:32,533 Um, so, unfortunately, after... Um, sorry. 173 00:08:33,799 --> 00:08:35,734 Unfortunately, after this incident, 174 00:08:35,799 --> 00:08:39,033 he started showing more aggressive behaviors. 175 00:08:39,100 --> 00:08:40,933 He had never done that before. 176 00:08:41,000 --> 00:08:43,700 Um, this was the first incidence of any aggression. 177 00:08:43,767 --> 00:08:47,400 And so, we got a shock collar, we got a muzzle, 178 00:08:47,467 --> 00:08:49,433 to try to do all of these things. 179 00:08:49,500 --> 00:08:55,500 And then, it was actually in November. Um, he was at my parents' house... 180 00:08:55,567 --> 00:08:59,100 He went to be able to play and stuff during the day while we were at work. 181 00:08:59,165 --> 00:09:01,133 Um, and through the fence... 182 00:09:01,200 --> 00:09:04,133 He bit another dog, correct? He bit another dog's nose. 183 00:09:04,200 --> 00:09:06,500 -And that dog required stitches. -Yes. 184 00:09:06,567 --> 00:09:09,233 As a result of that second bite, you had to put him down. 185 00:09:09,300 --> 00:09:11,033 -Is that correct? -Yes, that's correct. 186 00:09:11,100 --> 00:09:12,166 [DiMango] Who put him down? 187 00:09:12,233 --> 00:09:15,100 Um, we did. We had a vet who came to the house. 188 00:09:15,166 --> 00:09:17,066 -Came to the house and put him down? -[Riley] Yes. 189 00:09:17,133 --> 00:09:19,700 Okay. Thank you very much. And I'm sorry you had to do that 190 00:09:19,767 --> 00:09:22,533 because I do know that that's painful no matter what you see. 191 00:09:22,600 --> 00:09:25,367 It's like saying you have a bad kid and you say, but I still love him. 192 00:09:25,433 --> 00:09:27,133 -I get it. Judge Levy? -Yes. 193 00:09:27,200 --> 00:09:29,867 Thank you. So, Ms. Pullen, if I understand you correctly, 194 00:09:29,934 --> 00:09:33,600 after your dog viciously bit the plaintiff, 195 00:09:33,667 --> 00:09:36,165 he started showing additional signs of aggression? 196 00:09:36,233 --> 00:09:37,500 Yes. Yes, that's correct. 197 00:09:37,567 --> 00:09:40,867 And that's when you decided to put a shock collar on him? 198 00:09:40,934 --> 00:09:41,867 Yes. 199 00:09:41,934 --> 00:09:44,533 [Levy] Showing additional signs of aggression by you on your dog 200 00:09:44,600 --> 00:09:49,500 as opposed to simply getting your dog some behavioral modification therapy. 201 00:09:49,567 --> 00:09:52,633 So, there was a vibrate function, and we did that. 202 00:09:52,700 --> 00:09:55,433 And any time he showed any inkling of a growl or anything, 203 00:09:55,500 --> 00:09:57,467 we did that, and it would correct his behavior. 204 00:09:57,533 --> 00:09:59,533 You're not a dog behavioral therapist, are you? 205 00:09:59,600 --> 00:10:01,000 [Riley] I'm not claiming to be. No, sir. 206 00:10:01,066 --> 00:10:03,200 Right. Exactly. It was more of a rhetorical question. 207 00:10:03,266 --> 00:10:04,900 Who's the gentleman sitting to your left? 208 00:10:04,967 --> 00:10:07,667 -That's my husband. -[Levy] Okay. You can step up. 209 00:10:07,734 --> 00:10:11,400 Why didn't you decide after the first bite to have an expert come in 210 00:10:11,467 --> 00:10:14,867 and to provide some type of treatment for him 211 00:10:14,934 --> 00:10:18,333 so he'd be safe around other people and other dogs? 212 00:10:18,400 --> 00:10:21,667 Um, we are on one income. 213 00:10:21,734 --> 00:10:25,200 He's never shown any sign of aggression until this happened. 214 00:10:25,266 --> 00:10:28,867 And we don't have the funds to, unfortunately, 215 00:10:28,934 --> 00:10:30,834 you know, pay for something like that. 216 00:10:30,900 --> 00:10:33,000 [Levy] Listen, it's a big financial responsibility. 217 00:10:33,066 --> 00:10:36,433 Because in your state, it's strict liability applies to dog bite cases. 218 00:10:36,500 --> 00:10:38,133 -You know that, right? -Yes. 219 00:10:38,200 --> 00:10:41,900 And I don't wanna ruin anything, but my sense is 220 00:10:41,967 --> 00:10:44,433 that what you're gonna end up having to pay in this case 221 00:10:44,500 --> 00:10:47,300 is gonna be a heck of a lot more than what you would've paid 222 00:10:47,367 --> 00:10:49,567 to treat your dog with love and respect 223 00:10:49,633 --> 00:10:52,467 by getting a professional dog trainer in there. 224 00:10:52,533 --> 00:10:53,633 You hear what I'm saying? 225 00:10:53,700 --> 00:10:54,734 Yes, I hear you. 226 00:10:54,800 --> 00:10:56,967 'Cause you were there. You saw that bite mark, right? 227 00:10:57,033 --> 00:10:59,033 Can we put that up? Oh-one, please? 228 00:10:59,100 --> 00:11:01,900 I'm just curious. What was the amount you were looking for? 229 00:11:01,967 --> 00:11:03,200 [Samantha] Fifteen hundred. 230 00:11:03,266 --> 00:11:07,300 Fifteen hundred bucks? [chuckles] Fifteen hundred bucks? 231 00:11:07,367 --> 00:11:09,867 You know what a jury would've given her for that? 232 00:11:09,934 --> 00:11:12,600 A heck of a lot more than 1,500 bucks. 233 00:11:12,667 --> 00:11:16,200 Respectfully, I was going off of the information that I had at the time. 234 00:11:16,266 --> 00:11:18,133 -I've never... -You had this information! 235 00:11:18,200 --> 00:11:21,200 I did not. I never saw that picture until minutes ago. 236 00:11:21,266 --> 00:11:22,834 The reason you didn't have that information is 237 00:11:22,900 --> 00:11:25,834 because you chose not to ask for it. That's not her fault. 238 00:11:25,900 --> 00:11:30,233 That right there is worth pain and suffering and emotional distress. 239 00:11:30,300 --> 00:11:32,967 That's a you problem, not a her problem. 240 00:11:33,033 --> 00:11:34,500 [dramatic music playing] 241 00:11:34,567 --> 00:11:36,767 [narrator] Coming up on Tribunal Justice. 242 00:11:36,834 --> 00:11:38,834 I'm not trying to excuse what happened... 243 00:11:38,900 --> 00:11:40,367 [Acker] You are trying to excuse it. 244 00:11:40,433 --> 00:11:42,133 Then you should've crossed the street. 245 00:11:42,200 --> 00:11:43,900 Ma'am, please quiet down. 246 00:11:43,967 --> 00:11:45,800 But I'm gonna repeat what she just said. 247 00:11:45,867 --> 00:11:47,767 Maybe you should've crossed the street. 248 00:11:47,834 --> 00:11:49,500 [dramatic music playing] 249 00:11:50,533 --> 00:11:52,200 [main theme playing] 250 00:11:52,266 --> 00:11:54,934 [narrator] Samantha Johnson says she has a permanent scar 251 00:11:55,000 --> 00:11:57,767 after Riley Pullen's dog viciously bit her. 252 00:11:57,834 --> 00:12:01,667 She's suing for $5,000 in medical bills plus pain and suffering. 253 00:12:01,734 --> 00:12:04,266 Riley claims Samantha is overreacting 254 00:12:04,333 --> 00:12:08,233 and she's also to blame for aggressively approaching her dog. 255 00:12:08,300 --> 00:12:09,900 According to your complaint, 256 00:12:09,967 --> 00:12:12,266 you say on September 11th, the day after this incident, 257 00:12:12,333 --> 00:12:13,934 -you called an attorney. -[Samantha] Yes. 258 00:12:14,000 --> 00:12:15,834 [Levy] I want you to tell me what that lawyer said. 259 00:12:15,900 --> 00:12:17,567 She said, in the state of Florida, 260 00:12:17,633 --> 00:12:22,033 if the dog bit me on public property, which is the street sidewalk, 261 00:12:22,100 --> 00:12:25,233 homeowners insurance does not have to cover the bite. 262 00:12:25,300 --> 00:12:27,867 Do you understand what that really means in context? 263 00:12:27,934 --> 00:12:31,066 To me, it means you just outta luck. You just... 264 00:12:31,133 --> 00:12:33,033 [Levy] No. Cassandra? 265 00:12:33,100 --> 00:12:35,165 [Britt] She's lookin' for her payday. 266 00:12:35,233 --> 00:12:37,734 She's trying to go for the big dog, not the little dog. 267 00:12:37,800 --> 00:12:40,066 And that's why she didn't want your case. 268 00:12:40,133 --> 00:12:41,600 -Right? -[Samantha] Right. 269 00:12:41,667 --> 00:12:43,367 [Levy] You got liability locked in. 270 00:12:43,433 --> 00:12:45,000 -Fifty grand. -[Samantha] Mm. 271 00:12:45,066 --> 00:12:48,767 Fifty grand. And she's supposed to get a third of that judgment. 272 00:12:48,834 --> 00:12:51,900 But that judgment is uncollectible 'cause they don't have the money. 273 00:12:51,967 --> 00:12:53,834 -Did she explain that to you? -[Samantha] No. 274 00:12:53,900 --> 00:12:55,667 That's why lawyers have bad names. 275 00:12:55,734 --> 00:12:57,633 -Judge Acker. -[Acker] Thank you, Judge. 276 00:12:57,700 --> 00:13:01,400 -Ms. Johnson, may I just see your leg? -Yes, ma'am. 277 00:13:01,467 --> 00:13:04,033 [Acker] And can we please put up on the screen 278 00:13:04,100 --> 00:13:09,233 the photograph of the plaintiff's injury five months after the incident? 279 00:13:10,633 --> 00:13:13,300 -Can you point to it, please? -[Samantha] Yes, I can. 280 00:13:13,367 --> 00:13:15,233 [Acker] It's so apparent. 281 00:13:15,300 --> 00:13:16,533 Thank you, ma'am. 282 00:13:16,600 --> 00:13:18,767 Are you treating it? Are you doing anything for it? 283 00:13:18,834 --> 00:13:23,800 Because I think a scar on darker skin takes a long time to heal. 284 00:13:23,867 --> 00:13:26,367 You're going to have that scar for some time, 285 00:13:26,433 --> 00:13:28,133 -unfortunately. -Absolutely, I know. 286 00:13:28,200 --> 00:13:29,834 [Acker] And I'm quite sorry about that. 287 00:13:29,900 --> 00:13:32,533 Ms. Pullen, I'd like to dig into your defense a bit. 288 00:13:32,600 --> 00:13:37,133 I'm just gonna quote you. "I do not owe the plaintiff anything 289 00:13:37,200 --> 00:13:40,000 because she could've prevented her injury." 290 00:13:40,066 --> 00:13:42,033 So, tell me what she should do, stay home? 291 00:13:42,100 --> 00:13:45,567 No. So, what I was saying was in that situation, my hands were full. 292 00:13:45,633 --> 00:13:48,600 I had the dog. I'm not trying to excuse what happened-- 293 00:13:48,667 --> 00:13:50,133 [Acker] You are trying to excuse it. 294 00:13:50,200 --> 00:13:51,834 Maybe you should've crossed the street. 295 00:13:51,900 --> 00:13:53,600 Ma'am, please quiet down. 296 00:13:53,667 --> 00:13:55,533 But I'm gonna repeat what she just said. 297 00:13:55,600 --> 00:13:57,333 Maybe you should've crossed the street. 298 00:13:57,400 --> 00:14:00,533 Maybe you should've kept better control of your dog. 299 00:14:00,600 --> 00:14:03,467 Now, in your answer, you said something I found so curious. 300 00:14:03,533 --> 00:14:08,266 You said, "Samantha approached us with her arms crossed." 301 00:14:08,333 --> 00:14:09,800 What does that even mean? 302 00:14:09,867 --> 00:14:11,834 Is she supposed to walk in a straight line, 303 00:14:11,900 --> 00:14:13,800 make sure that she doesn't scare your dog? 304 00:14:13,867 --> 00:14:17,333 I was wracking my brain and I thought that's the only thing I could think is 305 00:14:17,400 --> 00:14:20,233 maybe because her arms were crossed, he thought to be defensive. 306 00:14:20,300 --> 00:14:22,700 That was my only reasoning I could try to think of 307 00:14:22,767 --> 00:14:26,467 because he had never done that before. I was in no way trying to blame her. 308 00:14:26,533 --> 00:14:29,200 [Acker] I'm a dog owner. I love my dogs. 309 00:14:29,266 --> 00:14:31,600 It would tear me up if I had to put them down. 310 00:14:31,667 --> 00:14:35,633 But I also cannot imagine being so callous 311 00:14:35,700 --> 00:14:39,700 as to see my dogs attack somebody and say, ooh, that's minor. 312 00:14:39,767 --> 00:14:41,633 You should've just gotten out of my way. 313 00:14:41,700 --> 00:14:44,367 I understand we have an expert witness. 314 00:14:44,433 --> 00:14:48,066 Good morning, ma'am. Could you please state your name for the record? 315 00:14:48,133 --> 00:14:49,165 Tiffany Boehmer. 316 00:14:49,233 --> 00:14:50,767 [Acker] And what do you do, ma'am? 317 00:14:50,834 --> 00:14:52,700 I'm a veterinary technician, 318 00:14:52,767 --> 00:14:55,333 and also teach puppy training classes. 319 00:14:55,400 --> 00:14:58,467 [Acker] How many years have you been in practice? 320 00:14:58,533 --> 00:14:59,567 Twenty. 321 00:14:59,633 --> 00:15:02,266 Have you listened to the testimony thus far? 322 00:15:02,333 --> 00:15:03,300 I have. 323 00:15:03,367 --> 00:15:06,867 You heard the defendants testify about their efforts 324 00:15:06,934 --> 00:15:10,600 to correct the dog's behavior after the attack. 325 00:15:10,667 --> 00:15:14,166 Do you have any professional opinion about those tactics? 326 00:15:14,233 --> 00:15:17,200 Uh, I agree with what the judge was stating 327 00:15:17,266 --> 00:15:20,333 as far as, you know, placing a shock collar, 328 00:15:20,400 --> 00:15:26,000 if the shock was used or not, can actually create more anxiety, 329 00:15:26,066 --> 00:15:29,100 and sometimes, you know, make them more defensive 330 00:15:29,166 --> 00:15:30,800 and become more aggressive. 331 00:15:30,867 --> 00:15:36,567 Um, a muzzle is definitely good if you're trying to prevent these bites, 332 00:15:36,633 --> 00:15:40,333 but without proper training, um, 333 00:15:40,400 --> 00:15:44,066 positive reinforcement, that's what I would have done. 334 00:15:44,133 --> 00:15:47,600 As a dog trainer, what would be your recommendation 335 00:15:47,667 --> 00:15:50,934 for how to best handle or manage a situation 336 00:15:51,000 --> 00:15:52,734 when you have a dog that seems 337 00:15:52,800 --> 00:15:56,100 to be demonstrating aggressive behaviors such as this? 338 00:15:56,165 --> 00:16:00,967 I would not take him out in public 339 00:16:01,033 --> 00:16:04,667 when other people are usually walking around. 340 00:16:04,734 --> 00:16:08,000 You can take them out either very early or very late. 341 00:16:08,066 --> 00:16:11,600 You know, just to try to avoid people and situations. 342 00:16:11,667 --> 00:16:13,033 [Acker] Thank you, ma'am. 343 00:16:13,100 --> 00:16:15,166 My colleagues may have other questions for you, 344 00:16:15,233 --> 00:16:18,633 but before I pass the case... Just so we're clear, 345 00:16:18,700 --> 00:16:21,200 when I read your answer and you say things like, 346 00:16:21,266 --> 00:16:23,600 the plaintiff could've avoided it. 347 00:16:23,667 --> 00:16:25,533 Are you pulling back a bit from that 348 00:16:25,600 --> 00:16:27,900 now that you see the extent of her injuries? 349 00:16:27,967 --> 00:16:32,100 I still believe that it is partly on her for that, yes. 350 00:16:32,165 --> 00:16:35,100 [Acker] It's still your defense as you stand here today. 351 00:16:35,165 --> 00:16:37,500 Or, again, you know what, ma'am? You know what, Ms. Johnson? 352 00:16:37,567 --> 00:16:41,300 Maybe you should just stay home and ask for permission to leave the house. 353 00:16:41,367 --> 00:16:42,734 I have nothing further. 354 00:16:42,800 --> 00:16:44,333 [DiMango] One question I have for you. 355 00:16:44,400 --> 00:16:47,867 The dog was euthanized, obviously. Before euthanization, 356 00:16:47,934 --> 00:16:52,867 are there things that people usually do in order to prevent euthanization? 357 00:16:52,934 --> 00:16:54,767 Yes, absolutely. 358 00:16:54,834 --> 00:16:59,867 Um, we never just jump right to behavioral euthanasia. 359 00:16:59,934 --> 00:17:01,900 I mean, it's something that does happen. 360 00:17:01,967 --> 00:17:07,233 But we do always recommend training, um, first and foremost. 361 00:17:07,300 --> 00:17:11,834 Um, and sometimes, some drug therapies, depending. 362 00:17:11,900 --> 00:17:14,099 [DiMango] I thank you very much for your time. 363 00:17:14,165 --> 00:17:15,900 I don't have any further questions of anyone. 364 00:17:15,967 --> 00:17:17,467 I don't know if anybody else does. 365 00:17:17,532 --> 00:17:20,066 I just want to clear up the record though. Ms. Johnson, 366 00:17:20,133 --> 00:17:22,165 prior to coming in today, you, like the defendant, 367 00:17:22,233 --> 00:17:25,400 presented the court with evidence to support your request 368 00:17:25,467 --> 00:17:28,133 for medical expenses and lost wages. Did you not? 369 00:17:28,200 --> 00:17:29,867 -Yes. -[Levy] Thank you. We have those. 370 00:17:29,934 --> 00:17:31,166 We'll be looking at those in back. 371 00:17:31,233 --> 00:17:33,600 Thank you very much. Sir, you can resume your seat, 372 00:17:33,667 --> 00:17:35,667 and we will retire to deliberate at this time. 373 00:17:35,734 --> 00:17:36,800 -Thank you. -[Samantha] Thank you. 374 00:17:36,867 --> 00:17:39,266 Court stands in recess. This case will be recalled. 375 00:17:39,333 --> 00:17:41,667 Parties are excused. You may step out. 376 00:17:41,734 --> 00:17:45,133 [dramatic music playing] 377 00:17:47,400 --> 00:17:49,300 [main theme playing] 378 00:17:50,533 --> 00:17:54,567 I really feel for her. I think her pain and suffering is real. 379 00:17:54,633 --> 00:17:57,667 I'm telling you, I had a bite much less than that 380 00:17:57,734 --> 00:18:01,233 and literally, you start to shake because your body is in shock 381 00:18:01,300 --> 00:18:05,000 from what's happened. And she has keloids. She has a scar. 382 00:18:05,066 --> 00:18:07,266 And I'm gonna tell you, it's gonna be for life. 383 00:18:07,333 --> 00:18:10,633 I don't care what creams she's putting on and how she's treating it. 384 00:18:10,700 --> 00:18:12,934 And the pain and suffering, not only just now, 385 00:18:13,000 --> 00:18:15,633 but at the time of the incident, and then, having to deal with 386 00:18:15,700 --> 00:18:18,600 the "I don't want to pay you, I don't think you deserve any money, 387 00:18:18,667 --> 00:18:20,200 have a lawyer call me" 388 00:18:20,266 --> 00:18:22,700 I think was above and beyond what she needed to go through 389 00:18:22,767 --> 00:18:26,433 on top of this incident, having done nothing at all 390 00:18:26,500 --> 00:18:29,000 to provoke this or prompt any kind of bite. 391 00:18:29,066 --> 00:18:32,600 So, I'm willing to not only reimburse her for her out-of-pocket medical, 392 00:18:32,667 --> 00:18:37,433 which was about $284, her lost wages, which was $400 and something, 393 00:18:37,500 --> 00:18:39,367 but I think above and beyond that, 394 00:18:39,433 --> 00:18:42,033 her request for pain and suffering was too low. 395 00:18:42,100 --> 00:18:45,300 She did not speak with an attorney who properly advised her. 396 00:18:45,367 --> 00:18:49,133 And I therefore feel we should elevate that amount to $10,000, 397 00:18:49,200 --> 00:18:52,500 and pay her for what truly happened here. 398 00:18:52,567 --> 00:18:53,600 [Levy] I couldn't agree more. 399 00:18:53,667 --> 00:18:56,700 The emotional scar is gonna be with her for the rest of her life. 400 00:18:56,767 --> 00:18:58,734 You know, the defendants, 401 00:18:58,800 --> 00:19:02,333 they started off doing the right thing when they adopted a rescue. 402 00:19:02,400 --> 00:19:05,333 And probably was showing certain signs of aggression. 403 00:19:05,400 --> 00:19:07,400 I feel that too. 404 00:19:07,467 --> 00:19:09,333 I think it's fair to say this dog just didn't start 405 00:19:09,400 --> 00:19:12,934 after they had it one and a half years to start showing signs of aggression. 406 00:19:13,000 --> 00:19:15,967 You gotta get it socialized. You gotta bring in an expert 407 00:19:16,033 --> 00:19:18,233 to assist with some type of behavioral therapy. 408 00:19:18,300 --> 00:19:21,166 And you know what, if you don't have the money to do that... 409 00:19:21,233 --> 00:19:22,367 You shouldn't have a dog. 410 00:19:22,433 --> 00:19:23,600 -Bingo. -Right on. 411 00:19:23,667 --> 00:19:26,533 And I also thought that their defense was pretty outrageous. 412 00:19:26,600 --> 00:19:30,100 I mean, to suggest that, one, it wasn't so bad; 413 00:19:30,166 --> 00:19:34,266 and two, it was her responsibility to dodge their animal. 414 00:19:34,333 --> 00:19:37,500 I thought that was pretty preposterous. And you couple that with... 415 00:19:37,567 --> 00:19:39,400 I don't know if you guys picked up on this, 416 00:19:39,467 --> 00:19:42,367 but it was almost like they were trying to blame the plaintiff 417 00:19:42,433 --> 00:19:45,000 for the subsequent incident that resulted in the dog... 418 00:19:45,066 --> 00:19:47,967 Like he was triggered. Like the dog was triggered. 419 00:19:48,033 --> 00:19:50,066 I thought their position was preposterous. 420 00:19:50,133 --> 00:19:52,133 And I absolutely agree that she's entitled 421 00:19:52,200 --> 00:19:54,734 to everything that she can be awarded in this courtroom. 422 00:19:54,800 --> 00:19:57,100 So, good. Ten thousand, and we're all unanimous. 423 00:19:57,166 --> 00:19:58,467 -Great. -Thank you. 424 00:19:58,533 --> 00:20:01,000 [dramatic music playing] 425 00:20:02,300 --> 00:20:03,633 Court is back in session. 426 00:20:03,700 --> 00:20:05,600 Parties are reminded you're still under oath. 427 00:20:05,667 --> 00:20:07,600 [DiMango] Thank you, Byrd. 428 00:20:07,667 --> 00:20:10,100 Dog bites are traumatizing. 429 00:20:10,166 --> 00:20:12,734 I know that feeling, I know that experience. 430 00:20:12,800 --> 00:20:15,433 And we were very, very sympathetic and empathetic 431 00:20:15,500 --> 00:20:18,967 to the plight that you endured from the moment of this bite 432 00:20:19,033 --> 00:20:21,266 and how it has a lasting impact. 433 00:20:21,333 --> 00:20:23,700 I'm sure you have a certain pride when you walk into a place. 434 00:20:23,767 --> 00:20:27,734 And now, to feel that you have this keloid bite mark on your leg 435 00:20:27,800 --> 00:20:30,700 is really a very difficult thing to live with. 436 00:20:30,767 --> 00:20:34,900 And I think you're gonna be living with it no matter what you try to treat it with. 437 00:20:34,967 --> 00:20:37,467 And listen, nobody wants to put their dog down. 438 00:20:37,533 --> 00:20:41,266 Nobody wants their dog to be vicious. Nobody wants bad behavior. 439 00:20:41,333 --> 00:20:45,500 Bottom line here is, there was really no, no defense 440 00:20:45,567 --> 00:20:48,500 that you could've interposed to prevent you 441 00:20:48,567 --> 00:20:52,367 from at least accepting her initial offer of $1,500. 442 00:20:52,433 --> 00:20:53,734 That would've ended it. 443 00:20:53,800 --> 00:20:56,400 But not only are we willing to give you the amount of money 444 00:20:56,467 --> 00:21:00,066 that you've requested as relief in this case for your injuries, 445 00:21:00,133 --> 00:21:04,333 but we are well aware that there are many more things that you could do, 446 00:21:04,400 --> 00:21:06,166 both to heal yourself physically, 447 00:21:06,233 --> 00:21:08,400 or that you could do to use additional money. 448 00:21:08,467 --> 00:21:11,300 -Yes. -[DiMango] We're gonna give you $10,000. 449 00:21:11,367 --> 00:21:13,266 Thank you. Thank you, Your Honor. 450 00:21:13,333 --> 00:21:15,600 [DiMango] We are going to award you $10,000 in this matter. 451 00:21:15,667 --> 00:21:18,300 And that is the unanimous verdict of this court. 452 00:21:18,367 --> 00:21:19,834 -Thank you, thank you. -[gavel bangs] 453 00:21:19,900 --> 00:21:21,834 -[DiMango] You're welcome. -Court is now concluded. 454 00:21:21,900 --> 00:21:23,934 Parties are excused. You may step out. 455 00:21:26,967 --> 00:21:29,533 I probably could've guessed how it was gonna go down. 456 00:21:29,600 --> 00:21:31,633 Don't blame somebody else for an injury 457 00:21:31,700 --> 00:21:34,367 that could've been avoided had you crossed the street. 458 00:21:34,433 --> 00:21:37,200 I stand by our decision and what we could do at the time. 459 00:21:37,266 --> 00:21:38,834 And we loved him very much. 460 00:21:38,900 --> 00:21:42,100 So, to have that questioned, was very difficult. 461 00:21:42,166 --> 00:21:44,333 I cringe when I see a dog now. 462 00:21:44,400 --> 00:21:46,400 We're on his income. I'm a full-time student. 463 00:21:46,467 --> 00:21:49,667 I'm working 40-hour weeks and paying to go to school, so. 464 00:21:49,734 --> 00:21:51,033 Apparently that's my fault too. 465 00:21:51,100 --> 00:21:52,934 [narrator] Are you being sued? 466 00:21:53,000 --> 00:21:56,066 Let Tribunal Justice decide your case. 467 00:21:56,133 --> 00:22:00,467 Find us on social media at TribunalJustice. 468 00:22:00,533 --> 00:22:02,533 [theme music playing]