Posts Tagged ‘animals’

Dog awarded Baylor law degree

Guide dog Skeeter Jones, who has loyally served a student during her time at the school, is the lucky canine. I understand Fark.com claims credit for being first to observe that the honoree may already have genuine ambulance-chasing experience. (LegalBlogWatch, Nov. 11).

Microblog 2008-11-04

  • Quoting normally Republican friend, early in day: “Already have buyer’s remorse and he hasn’t even won yet.” [@asymmetricinfo] #
  • “Milk. Allergy warning: Contains milk” [Flickr; h/t @petewarden] #
  • Deer-vehicle collision at Connecticut & M, one of downtown D.C.’s busiest intersections? [Wood, ShopFloor] #
  • Milberg case, highest-profile law firm prosecution ever, finally winds up; 11 convictions, $100 million givebacks [WSJ law blog] #
  • Even expecting to disagree w/ many of his policies, it’s a great day when America can elect a black president [Megan McArdle] #

Smells like a zoo in here

A Miami area maid is suing her employer, Hampton Inn, in federal court there, claiming she was forced to clean up after hotel guests who defecated and urinated on floors, left feathers strewn about, and emitted allergenic dander. The guests included “Maya the spider monkey, Bob the alligator, Tango the Macaw”, and two lemurs, along with their human handlers. The multispecies group all stayed at the Hampton Inn at Miami Airport hotel for about a week while in town as part of a traveling zoo.

Interesting notes about the case include 1) a filing showing a training manual created by Busch Gardens, which had hired the traveling zoo, sensibly suggesting animal handlers “[b]ook a room near an ice machine when on the road with penguins”; and 2) plaintiff Arlin Valdez-Castillo’s claim to have been kidnapped and driven to a cemetery by two men who pressured her to drop the lawsuit. (Douglas Hanks, “Traveling zoo at hotel made me sick, maid says”, Miami Herald, Sept. 24).

Keep my finger, vote Labour

Newcastle, England leaflet distributor (and former Labour Party council member) Mark Hunter is suing a dog owner whose Jack Russell terrier, the imaginatively named Jack, allegedly bit off the tip of the leafleteer’s finger as he pushed election paraphernalia through a front-door letterbox. While both Hunter and dog owner Mark Monroe seem to agree that part of Hunter’s bloody finger did indeed end up on the floor of Monroe’s home, it’s unclear how Jack could have bitten Monroe through the letterbox–which boasts a contraption known as a “letterbox guard”. Also unclear: why Monroe put Hunter’s finger in his freezer (keeping it for several months before ultimately tossing it in the rubbish), and why neither Hunter nor Monroe immediately reported the incident to police. Hunter is seeking about $25,000.

Though Monroe froze the finger, he was kind enough not to toss it in the chili. (“Labour campaigner’s ‘finger bitten off by dog’ as he pushed leaflet through letterbox”, The Daily Mail, Sept. 22).

Overlawyered – All Horse Edition

The need for tort reform doesn’t necessarily arise from headline-grabbing blockbuster verdicts but rather a “death by a thousand cuts” of many small suits of questionable merit.  Example: A woman sues the party host after drinking and then attempting to get on his horse as part of the party festivities.  She falls, suffers injuries and files suit against the host making general allegations of negligence, including, “providing … the opportunity to participate in the ‘inherently dangerous activity of horseback’ ”.

Does the host’s behavior rise to the level of negligence?  And, if so how is the woman’s negligence less than his?  He may have offered the alcohol; she drank it.  He may have offered the horseback ride; she accepted.  Have we reached the point in America that we need to have party goers sign waivers for private festivities?   But since exculpatory agreements are generally frowned upon by the courts I think I’ll just stay home alone.  A lot of fun that will be.  (“Suit shows you shouldn’t drink and ride horses”, The West Virginia Record, Aug. 8).

Horse example number 2:  Certified Massage Therapist Mercedes Clemens is suing two state agencies because her avocation is massaging horses but the state won’t let her (at least not for a fee) because she is only licensed to massage humans.  And, for once it’s really not about the money because she’s not asking for it in her lawsuit, just the right to massage animals.  It’s not as if Clemens is practicing pediatric anesthesiology for kicks.  So who cares, really?

I suspect it’s the veterinary board or the National Board of Certification for Animal Acupressure (at the behest of its members) who fear Clemens and people like her will poach their clients. And, if the state would simply step out of the way in this instance it could avoid this lawsuit. (“Woman sues for right to massage horses”, MSNBC, Aug. 11 and “Rockville therapist sues state for right to massage animals”, Gazette.Net, Jul 2).

Moe the chimpanzee escapes; St. James Davis v. West Covina update

The search is on for Moe, who opened his cage and left his home at Jungle Exotics, not the first time he’s escaped his surroundings. Moe is perhaps the most litigious chimpanzee in history, thanks to the efforts of Gloria Allred, who put the city of West Covina through years of litigation when they dared to suggest that a chimp who had mauled a policeman (who incurred $250,000 in medical bills) and bit off a woman’s fingertip was not appropriately kept within a residential area in city limits. Moe’s former owner, St. James Davis, was himself brutally attacked by a couple of chimpanzees that apparently didn’t have a lawyer handy and were shot in the aftermath of the incident without so much as a habeas corpus petition filed. (Davis “lost his nose, an eye, most of his fingers, both testicles and much of the flesh from his buttocks and face and left foot.” His wife just lost a thumb in the attack.)

Read On…