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

@germamechazu/Instagram

@germamechazu/Instagram

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.

Just Posted

Tin Wis opening ceremony in 1993. (Submitted photo)
National Indigenous Peoples Day: Tin Wis, past, present and future

Tin Wis Tofino within Tla-o-qui-aht First Nations territory is a growing hub of economic development

FILE – Perry Bellegarde, National Chief of the Assembly of First Nations, takes part in an event on Parliament Hill in Ottawa on Tuesday, July 7, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Indigenous Peoples Day must be a ‘call to action’, says Assembly of First Nations chief

Discovery of children at Kamloops residential school site must lead to change, Perry Bellegarde says

Tofino General Hospital Foundation board members Phyllis Banks, left, Camilla Thorogood, and Arlene McGinnis clutch a giant cheque presented by Coastal Community Credit Union branch manager Marc Salewski. (Nora O’Malley photo)
Tofino General Hospital Foundation presses VIHA for a new hospital

Ministry of Health says they are in the early stage of the planning process and there is no timeline

Black Press file photo
RCMP seek suspect in Vancouver Island-wide crime spree

Crimes stretched from Deep Bay to Qualicum, Ladysmith, Chemainus and Youbou

Things are looking up for Vancouver Island as zero COVID-19 cases have been reported for the first time since October. THE CANADIAN PRESS/Darryl Dyck
Island records zero new COVID-19 cases for the first time since October

For the first time since October, the province is reporting zero new… Continue reading

The border crossing into the United States is seen during the COVID-19 pandemic in Lacolle, Que. on February 12, 2021. THE CANADIAN PRESS/Paul Chiasson
VIDEO: Border quarantine to soon lift for fully vaccinated Canadians

Eligible travellers must still take multiple COVID-19 tests

Chilliwack secondary school’s principal is apologizing after a quote equating graduation with the end of slavery in the U.S. was included in the 2020-2021 yearbook. (Screenshot from submitted SnapChat)
B.C. student’s yearbook quote equates grad to end of slavery; principal cites editing error

Black former student ‘disgusted’ as CSS principal apologizes for what is called an editing error

Skeena MLA Ellis Ross. (Photo by Peter Versteege)
BC Liberal leadership candidate condemns ‘senseless violence’ of Okanagan church fires

Skeena MLA Ellis Ross says reconciliation isn’t about revenge for past tragedies

A coroner’s inquest will be taking place at the Capitol Theatre in Port Alberni for the next week. (ELENA RARDON / ALBERNI VALLEY NEWS)
Teen B.C. mom who died following police custody recalled as ‘friend to many’

Police sent Jocelyn George to hospital after intoxication had gone ‘beyond the realm’ of normal detox

FILE - In this Nov. 29, 2020, file photo, Las Vegas Raiders defensive end Carl Nassib leaves the field after an NFL football game against the Atlanta Falcons in Atlanta. Nassib on Monday, June 21, 2021, became the first active NFL player to come out as gay. Nassib announced the news on Instagram, saying he was not doing it for the attention but because “I just think that representation and visibility are so important.” (AP Photo/John Bazemore, File)
Nassib becomes first active NFL player to come out as gay

More than a dozen NFL players have come out as gay after their careers were over

Penticton Indian Band Chief Greg Gabriel speaks to the Sacred Hearts Catholic Church burning down early Monday morning, June 21, 2021. (Monique Tamminga Western News)
Penticton band chief condemns suspicious burning of 2 Catholic churches

Both Catholic church fires are deemed suspicious, says RCMP

COVID-19 daily cases reported to B.C. public health, seven-day moving average to June 17, 2021. (B.C. Centre for Disease Control)
B.C.’s COVID-19 infections drop to 90 on Sunday, 45 Monday

Pandemic spread dwindles as 77% of adults receive vaccine

Emergency vehicles are parked outside of the Wintergreen Apartments on Fourth Avenue. (SUSAN QUINN / Alberni Valley News)
Port Alberni RCMP investigate stabbing on Fourth Avenue

Two men were found with ‘significant’ injuries near Wintergreen Apartments

By protesting uninvited in First Nations’ territories, conservationists are acting in a neocolonial or paternalistic manner, says Huu-ay-aht Chief Robert Dennis. Photo by Heather Thomson
A closer look: do Vancouver Island First Nations support the war in the woods?

First Nations/environmentalist old growth alliance uneasy, if it exists at all

Most Read