@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

The wind has been gusting Friday, March 5 in Williams Lake with the risk of a thunderstorm in the forecast for later in the afternoon. (Angie Mindus photo - Williams Lake Tribune)
More than 500 customers in Cariboo without power, risk of thunderstorm Friday afternoon

The BC Hydro map is adding more power outages as the afternoon unfolds

The two suspects arrested south of 150 Mile House Tuesday, March 2, following a high-speed chase with the RCMP have been charged. (Will Roberts photo)
High-speed chase suspects charged, remain in custody after arrest south of Williams Lake

John Craig and Maggie M. Higgott appeared in Williams Lake Provincial Court March 4

Interior Health reported 33 new COVID-19 cases on March 5. (Black Press Files)
Interior Health reports 33 new COVID-19 cases on March 5

Over 300,000 vaccine doses have been administered provincewide.

Many members of the Williams Lake Cross Country Ski Club (pictured) have teamed up with the Cariboo Chilcotin Conservation Society to host a free ski in celebration of World Water Day. (Patrick Davies photo - Black Press Media)
Conservation society, cross country ski club, celebrate World Water Day with free ski March 6

The free ski will be from 10 a.m. to 2 p.m. on Saturday, March 6 at Bull Mountain

Provincial health officer Dr. Bonnie Henry updates B.C. on the COVID-19 situation. (B.C. government)
Dr. Bonnie Henry predicts a ‘post-pandemic world’ for B.C. this summer

‘Extending this second dose provides very high real-world protection to more people, sooner’

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Malawian police guard AstraZeneca COVID-19 vaccines after the shipment arrived in Lilongwe, Malawi, Friday March 5, 2021. Canada is expecting its first shipments of AstraZeneca vaccine next week. (Associated Press/Thoko Chikondi)
B.C.’s daily COVID-19 cases climb to 634 Friday, four more deaths

Currently 255 people in hospital, 66 in intensive care

A crashed helicopter is seen near Mt. Gardner on Bowen Island on Friday March 5, 2021. Two people were taken to hospital in serious but stable condition after the crash. (Irene Paulus/contributed)
2 people in serious condition after helicopter goes down on Bowen Island

Unclear how many passengers aboard and unclear where the helicopter was going

Surrey Pretrial in Newton. (Photo: Tom Zytaruk)
B.C. transgender inmate to get human rights hearing after being held in mostly male jail

B.C. Human Rights Tribunal member Amber Prince on March 3 dismissed the pretrial’s application to have Makayla Sandve’s complaint dismissed

Supporters rally outside court as Pastor James Coates of GraceLife Church is in court to appeal bail conditions, after he was arrested for holding day services in violation of COVID-19 rules, in Edmonton, Alta., on Thursday March 4, 2021. THE CANADIAN PRESS/Jason Franson
‘Law remains valid:’ Pastor accused of violating health orders to remain in jail

The Justice Centre for Constitutional Freedoms is representing the pastor

The Netflix logo on an iPhone. B.C. delayed imposing sales tax on digital services and sweetened carbonated beverages as part of its response to COVID-19. Those taxes take effect April 1, 2021. THE CANADIAN PRESS/AP, Matt Rourke
B.C. applies 7% sales tax on streaming, vaping, sweet drinks April 1

Measures from 2020 budget were delayed due to COVID-19

Chief Don Tom of the Tsartlip First Nation was outraged after Green MLA Adam Olsen revealed on social media that the community had been experiencing a COVID-19 outbreak – a fact the First Nation had chosen to keep private to avoid racist backlash as experienced by the Cowichan Tribes when an outbreak was declared there in January. (Black Press Media file photo)
B.C. First Nation ‘outraged’ after Green MLA reveals COVID-19 outbreak

Tsartlip First Nation chief shares concerns about racist backlash, MLA apologizes

A lawyer wears a face mask and gloves to curb the spread of COVID-19 while waiting to enter B.C. Supreme Court, in Vancouver, B.C., Friday, Aug. 28, 2020. British Columbia’s highest court has sided with the land owner in a dispute over public access to public land. THE CANADIAN PRESS/Darryl Dyck
B.C. high court finds in favour of large landowner in fight over access to pair of lakes

The Nicola Valley Fish and Game Club launched legal action after the cattle company blocked road and trail access

Most Read