In personal injury cases, the plaintiff must prove that the defendant's actions directly caused the injury; mere coincidence or timing alone is insufficient to establish liability, as demonstrated when a court dismissed a $300 claim because the plaintiff failed to prove the defendant's foot actually caused the dog's slipped disc injury.
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Canine Clash
Added:Plaintiff David Robinson says the defendant is his god sister and she cannot be trusted [music] because she is extremely promiscuous.
David claims he was having a party and during the party the defendant announced that she kicked David's dog and as a result the dog spent several [music] days at the hospital. David's suing for the veterinarian bills.
Defendant Tiffany Duran says the reason she doesn't get along with David [music] is because he's a gossip and he's the one who can't be trusted because two years into his marriage he confessed [music] to his wife that he was bisexual.
Tiffany denies kicking the dog [music] and therefore doesn't feel responsible for the injuries. She's countersuing for lost wages.
>> Tell me what [music] happened.
>> Well, your honor, um this is my god sister. I've pretty much known her all my life. Um we pretty much have a on again, off again relationship due to her character.
Um she's pretty promiscuous and she's um >> What's that have to do with you?
>> Because she's just cold-hearted.
>> How does that affect you? Why did that make you dislike her or like her any less?
>> Just by her character. You know, I you know, it's just a type of person that I generally don't >> what you're saying.
>> Excuse me?
>> You're passing judgment on her like God does.
>> No.
>> That's what he does.
>> Oh, okay.
>> God looks at the facts.
THEN HE PASSES JUDGMENT.
>> ALL RIGHT. So therefore that's why we don't have a good relationship.
>> you remember me saying that's what God does? Are you God?
>> No.
>> All right. That's why I'm making that point.
>> ask you a question?
>> want to go ahead before we >> Please, sir.
>> talk about this bill?
>> David and I don't have a good relationship because he's a gossip. He's created problems in my life since we were in junior high school, started fights, you know, gossiping and instigating. And if I may say something else, um he can't be too honest of a person because he's two years into a marriage, told his wife that he was bisexual.
>> your honor. She said you on the download.
>> [laughter] >> She's full of it.
>> YOU ON THE DOWNLOAD.
>> [applause] >> LET'S MOVE ON TO THE CASE.
>> NOW, >> Tell me about these vet bills, young sir.
>> Yes, your honor. Um September 2007, I had a get-together at my house and um we were all there. We were drinking, playing cards, having a good time. And I'm in the kitchen and I'm blending up drinks and Tiffany yells out to me, "Hey David, I just kicked Lala in her ovaries." Now, Lala is my dog.
Lala is my dog.
>> And I've had my dog for about 9 years.
Um she's a 6-lb shih tzu.
>> Oh.
>> And so um as the night pursues, you know, it's getting late. It's about 3:00 a.m. Everybody's pretty much dispersing.
And at that point, I'm looking for my dog and she's cowered over in the corner. So, I call her over to me and at that point she's like dragging her hind legs. So, at at that point I'm holding my dog. Everyone is pretty much gone.
Tiffany had left to go pick up one of her boy toys. And um I take my dog to the vet the next day.
As I take her to the vet, the vet tells me that I'm going to have to leave a $1,200 deposit just for the examination, for them to do x-rays and blood work. Um I go home and I call Tiffany and I I make her aware of what's going on.
She then asked me, "Well, what do you want me to do about it?"
I tell her that >> That is what she said.
>> Okay.
>> I tell her that the bills need to be paid. She said, "Well, do what you got to do." And so, that's where we stand today.
>> have a picture of your dog?
>> Yes, I do.
>> What a beautiful dog.
Let's hear from you, ma'am, regarding injuring his dog and why you don't believe you should pay if you injured the dog.
>> honor, the night in question, before I got to the house, they had been smoking weed and they were already drunk. I didn't drink that night because I knew that I was going to go to my go pick up my boyfriend. It was raining heavily.
>> She brought a big bottle of alcohol with her.
>> Yes, but I didn't I hadn't had anything to drink yet. Yes, I did bring some Friday Mike's Hard Lemonade. Anyway, um we were all sitting at the table like David said. I had my feet resting on the bottom of the chair. I didn't have my shoes on or anything. So, when I took my feet down off of the bottom of the chair, I felt fur. I felt that Lala was there. But, I know that I didn't stand up. I didn't kick her or put any pressure on her. Lala got up and walked away from me and was walking around begging for food.
>> You felt fur meaning what?
>> was underneath me. I took pictures.
>> If you felt it, you had to touch it.
>> Right, I touched her. Yes, I did. But, there >> With your foot?
>> Right. Yes, I did.
>> And he says the touching you did with your foot caused the dog an injury.
>> Right, but I took pictures. I took pictures in a in a high bar stool type table like David has. Would you like to see them?
>> Yeah.
>> To see how high my feet were off of the ground.
>> what it is you're saying. You're saying that your foot definitely landed on the dog, but somehow your foot did not injure the dog like the veterinarian determined. Veterinarian determined that the dog was injured.
>> Mhm.
>> Veterinarian determined that it was a uh a skeletal injury >> Well, >> or a muscular injury.
>> The The diagnosis was a slipped disc in her back.
>> Which is a skeletal issue. A skeletal injury.
>> These are witness >> like could occur when somebody steps on you.
>> These are witness statements from people that were present that night.
>> If it could OCCUR WHEN SOMEBODY STEPPED on the dog AND YOUR FOOT JUST HAPPENED TO FEEL THE DOG'S FUR.
>> I never stood up. That's the >> Just a coincidence, huh?
>> My feet were I swear my feet were just dangling off of the chair. They were never And I did some research that shows that these dogs are prone to intervertebral disc disease which causes slipped discs.
>> Did you see the dog ever limping before?
>> No, sir. She got up and walked away.
And was asking begging for food. I was there about another 20 minutes. I left and went into the other room.
>> house?
>> Um maybe three or four times a week.
>> last time you'd been over prior to that night?
>> Probably two weeks before.
>> All right. Was the dog limping then?
>> No, sir.
>> All right. So, the disease you're talking about occurred in two within two weeks.
>> No, sir.
>> Dog came down with this disease in two weeks. And let's see the weight >> I just said that to say that I was gone I left for about an hour and a half.
When I came back she was limping.
>> Your total claim for $300 is for what, ma'am?
>> For the fact that I had to come out here for this case.
>> All right. You didn't have to. You could have just stayed home and got a default judgment.
>> That's true.
>> You would have won automatically.
>> That's true.
>> So, your honor, I also have witness statements from >> What are they saying? I'm convinced though, sir. This woman telling me she coincidentally stepped on the dog >> on her. I touched her with my foot.
>> and by coincidence got the same day the dog started limping.
>> She's walking around.
>> the dog two weeks earlier and the dog was fine. $2,000 for the plaintiff. Your claim is dismissed. Have a good day.
>> [applause]
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