03x14 - When Cane Corsos Attack

[bunniefuu]

There was a dogfight.

Yes.

I had the bat
and I'm screaming at him,

"Go home!"

My son is standing there, screaming.

"Hit him, hit him!"

Your dogs went on their property.

Correct. After their dog
growled at my dogs.

[laughs]

Dogs growl.
That's what dogs do.

[announcer]
This is Judy Justice.

[theme music playing]

[announcer] Ethan Shepard is suing
his neighbor, Joseph Hale,

for vet bills
and pain and suffering.

[Kevin]
Court, come to order. All rise.

Have a seat, please.

Hello, Judge. Case 3016,
Shepard versus Hale.

-Thank you, Kevin.
-You're welcome.

Mr. Shepard, how long have you
and Mr. Hale been neighbors?

Uh, about three years.

How long are you living in your property?

For 15 years.

[Judy]
So he's the newcomer.

[Ethan] Yes.

And you are neighbors, but you live
across the street from each other.

Right next door.

-[Judy] Right next door.
-Yeah.

Do you have a photograph of the property?

-[Ethan] Yeah.
-I'd like to take a look at it.

-Oh, there it is.
-Okay.

Your house
is on the right or the left?

[Ethan]
My house is on the left.

And your driveway is all the way left.
I see a car in your driveway.

-Is that correct?
-[Ethan] Yeah.

[Judy] Going into a garage area
or the side of the house.

The garage is on the...
when it turns in.

-So, like...
-[Judy] Yeah.

Okay. And the defendant's driveway
is close to your house,

is on your side of the house.

[Ethan] Yes.

Now, you each have dogs.
You have a German Shepherd?

-[Ethan] Yeah.
-How old?

He's gonna be... three.

Wait, we got him in 2019... [mumbling]
Right, three?

Four. Sorry. [chuckles]

-[Judy] Who's that?
-That's my mom.

Yeah, math.

[laughter]

[Judy]
And you have two dogs.

Correct.

[Judy]
What kind of dogs do you have?

I have Cane Corsos.

Tell me what they look like.

They look like they're Mastiffs.

Could you bring one up, Sarah,
for me to take a look at?

Sure.

Unless you have a photograph.

I do.

She's gonna show me anyway.

Because I know what
a German Shepherd looks like.

Oh, a German Shepherd.
I thought you were talking about...

-No.
-Cane Corsos?

-A Cane Corso.
-Yeah.

Oh.

[Joseph]
They're big dogs.

[Sarah]
Big guys.

[Judy]
Big dogs.

How old are your dogs?

About four
and three and a half.

[Judy] Anyway,
this is what the lawsuit is about.

It is your claim
that the defendant's dogs,

while unleashed,
came on your property,

attacked your dog,
your dog was injured.

You want the defendant
to be responsible

for whatever vet bills there were
and for punitive damages.

You're suing him for $10,000.

The defendant says that your dog
actually came onto his property,

and then they ran back
onto your property,

and that your dog was unleashed
at the time that this happened.

Now, the incident occurred on what date?

On March fifth, 2023.

According to what I read,
you were going shopping

with your mother or your grandmother...
your mother.

[Ethan]
My mother.

We were gonna drive around the city
practicing for my driving test.

[Judy]
And you were taking the dog with you.

Yes.

And that was the plan.
You were gonna drive around.

The dog was gonna sit
in the backseat or whatever.

Yeah.

[Judy] And you decided that
you had to go to the restroom.

So you went back into the house
before you left.

Yes.

[Judy] So your mother is here.

Mm-hmm.

[Judy] And your mother's
gonna stand up now

because your mother was there
from the beginning.

Your last name is...

-Shepard.
-[Judy] Shepard.

Ms. Shepard,
we're gonna go to March fifth.

Approximately what time?



[Judy] I'd like you to go over
to that photograph.

Now, you were leaving the house
with your son.

He said, "I have to go back
into the house to go to the bathroom,"

and you were taking
the Shepherd with you.

Show me where you were
getting into the car.

So my car was parked here.

Buck and I came out of the front door
and were standing about here.

Buck went into the yard
about right here, was smelling around...

[Judy]
Just a second.

So let's do this slowly.

[Allison] Okay.

You come out of the house with Buck.

Yeah.

So we walked across the driveway.

Yes.

Into the front yard about...

[Judy] No, that's not what you said
a moment ago.

A moment ago,
you said you were standing here

and Buck walked over to the grass.

That's what you said a moment ago.

Okay. Yeah, I'm sorry.

[Judy]
I want you to be very, very careful.

Okay.

-Let's be very careful.
-[Allison] Okay.

Because I'm creating
a picture in my mind,

and I don't want the picture
that you create for me

to be different
from what actually happened.

-[Allison] Okay.
-Do we understand each other?

Yes. Yeah.

[Judy]
You walked out of the house with Buck.

Yes.

[Judy]
You were going to go in your car.

Yeah.

You were standing where?

I was standing here in the driveway.

You were standing in the driveway
and the dog...

Walked into the yard about here.

Okay, to relieve himself.

He was just smelling.

-[Judy] Smelling.
-Yeah.

Okay, and at that time,
the dog was unleashed.

Correct, because we were
about to get into...

[Judy]
Not because.

Okay.

The dog, a big dog,
was unleashed.

Yes.

[Judy] Okay.

And so now he's in
the middle of the yard, unleashed.

Correct.

And what happened next?

I walked onto the grass by the dog.

I was going to start
putting him in the car.

-I turned...
-[Judy] Did you call him?

Did you call him to come to you?

No, I was standing next to him.

No, you weren't.
You were in the driveway.

-You said you started to walk over.
-No, we walked to the grass. Yeah.

-[Judy] You said you started to walk over.
-Correct.

And I said to you,
"Did you call him first?"

'Cause you're standing in the driveway.

Did you say, "Buck"?

No.

Well, how are you gonna get him?
You're gonna grab his collar?

How are you gonna grab him
to put him in the car?

I want you to be really careful
about what you say to me

'cause I'm a dog owner.

If I was standing in the driveway
and my dog, according to you,

knew we were going in the car,
I would have said, "Buck, let's go."

[theme music playing]

[announcer] Ethan Shepard claims
his neighbor, Joseph Hale,

owes for vet bills
and pain and suffering.

Joseph is countersuing for damages
from an as*ault with a baseball bat.

Now, I said to you,
"Did you call him first?"

'Cause you're standing
in the driveway.

Did you say, "Buck"?

No.

[Judy] Well, how are you gonna get him?
You're gonna grab his collar?

How are you gonna grab him
to put him in the car?

I walked to him
to bring him to the car.

I didn't call his name.
I just walked to him.

[Judy] And how are you gonna bring him?
I mean, you know, when I said...

[Allison]
He's gonna follow me to the car.

-Well, that's what I'm...
-He knows we're getting...

He knew we were gonna get into the car.

Well, you know, he didn't know
you were gonna get into the car.

If you called him...

I didn't have time to say anything.

Well, you had time to walk over.

Instead of walking over,
why don't you just call him?

You're closer to the car from the driveway
than you are going to the grass.

That's what I want you
to be really careful about, Ms. Shepard.

I want you to be really careful about what
you say to me 'cause I'm a dog owner.

Okay.

I've had puppies that I don't trust
outside by themselves.

And then when they get older,
if I was standing in the driveway,

and my dog, according to you,
knew we were going in the car,

I would have said, "Buck, let's go."

That's just normal for a dog owner,
for a dog that's four years old.

"Buck, let's go."

Not walking over
and leaning over and grabbing him,

'cause he's unleashed, by a collar,
which I assume he had on,

to walk him over to the car.

It doesn't make sense to me.

-Okay.
-Okay.

[Judy]
Let's continue with this.

-Okay.
-So now the dog is unleashed.

You're walking over on the grass.

And?

And I'm standing next to Buck.

I'm walking towards him,
looking out towards the street

'cause I'm walking forward.

I see Bruno, the black dog,
look at us.

He takes off running
around our little fence here

and starts heading over
to where I am standing with Buck.

I start screaming,
"No, no, Buck, no, no!"

Buck turns and sees Bruno.

Bruno is on him.

They're wrestling
They're chasing.

They're running to our porch.

I'm running behind them, screaming.

I run inside my house, grab a bat.

We have bats at our front door
because there's a lot of homeless people

and we have to protect ourselves.

They've come to the door before.

While I'm getting the bat,
I throw off my sandals.

My mom hears me screaming,
who is in the living room.

She stands up,
goes to the door.

Ethan was in the bathroom,
going to the bathroom.

They both run out into the front yard.

I follow them out.

When I come out, I now see Joe.

Who's Joe? Raise your hand.

[Allison]
Oh, I'm sorry. Joe, our neighbor.

He is now in our yard.

The female dog, Beulah,
is on Buck.

They're fighting.

-Show me where.
-By my...

This isn't my car. This is my dad's.
But my car was here.

They're fighting by my car.

The dogs are biting.

Joe's on the ground in between the dogs
with Beulah's collar.

My son is standing there, screaming.

Bruno, the black dog that had started
the fight, was now on our grass.

He was headed home.

He turned back and looked at me,

and I had the bat
and I'm screaming at him,

"Go home, Bruno, go home!
Get out of my yard!"

Joe is saying,
"Hit him, hit him,"

in the midst of him
with the dogs fighting.

I chased Bruno into his yard.

So now Bruno is standing here.

-Now, this fence is...
-[Allison] Oh, he goes around the fence.

This fence stops on the property
before the property ends.

Yeah, it goes...

There's a couple of feet
where it's just free.

There's, like, a meter thing
in the ground.

-Okay.
-Yeah.

-How high is that fence?
-Uh...

-Here's a picture of it.
-[Allison] Maybe to my knees.

-Oh. May I see it, please? Okay.
-[Ethan] Oh, here's another one.

-[Allison] You can hop over it.
-[Judy] Okay.

[Allison] I'm standing here,
yelling at Bruno.

Oh, this is an...

This an easy hop fence.
This is...

-[Allison] Yes.
-[Judy] Yes, this isn't a high fence.

This is a fence
not designed to do anything

but visually separate the property.

-I understand.
-Yeah.

[Judy]
Okay, let's stop for a moment.

-Go back.
-[Allison] Okay.

[Judy]
Now, Mr. Hale.

Yes.

[Judy] I'd like you to go over
to the same photograph.

[Joseph] Mm-hmm.

You were in your garage.

Correct. With the dogs.

This is your garage.

Correct.

With your garage door open.

Correct.

With your dogs unleashed.

Correct.

[Judy]
Somehow your unleashed dogs got out.

[Joseph] Yes.

[Judy] Go ahead.

So on Sunday, 2:30, on March 5,
I was in my garage with the dogs,

and I noticed their dog
came to the fence line and came over,

and my dogs came to here.

They were looking at each other.
Their dog growls.

The dogs run out, come over,
start running over here.

I give chase.

[Judy]
Okay, let's stop there.

I want you to read that back to me.

And I want you to listen carefully
to what Whitney is going to read.

Okay. "So on Sunday,


I was in my garage with the dogs,

and I noticed their dog came
to the fence line and came over."

"Came to the fence line."
Just stop there one second.

Show me the fence line.

Here.

[Judy]
Show me "came over."

Careful.

Show me "came over."

Technically, not came over it.
It was on the fence line.

[Judy]
Okay, that's what I wanted to make sure.

So, technically...

There's nothing technically,
that's like basically.

[Joseph] Correct.

Their dog did not come on your property.

Their dog came to the fence.

Your dogs came to the fence, but their dog
did not come on your property.

Go back. That's either a yes or a no.

Your dogs came around
and went on their property.

Correct. After their dog
growled at my dogs.

That's okay. Dogs growl.
That's what dogs do.

That's what dogs do.

Your dogs got onto their property,
and as a result of that,

their dog was injured
and you're responsible for the vet bills.

That's easy.

You're responsible for the vet bills.

Their dog was unleashed.

If you had said to me,
"Yes, their dog came around to...

and then scooted back to my property,"

we would've had
a whole different scenario here.

But their unleashed dog
was on their property.

And your unleashed dogs
came on their property.

And there was a dogfight.

And you're responsible.

Now, I also understand, sir,
that this was not the first time

that there has been an incident
involving your two dogs.

-Correct.
-[Judy] Is that right?

The first one
was several years before.

Correct.

[Judy] And at that time,
several years before,

there was also some injury
to the German Shepherd.

It's one thing, and believe me,
I'm not minimizing the fact

that a dog was injured,
but it could just as well have been

a small child that ventured
onto your property.

You have to keep those dogs
in check all the time.

You too.

[theme music playing]

[announcer] Ethan Shepard is accusing
his neighbor, Joseph Hale,

of owing for vet bills
after Joseph's dogs attacked his dog.

Joseph is countersuing,

claiming he was assaulted
with a baseball bat.

Now, I also understand, sir,
that this was not the first time

that there has been an incident
involving your two dogs.

-Correct.
-[Judy] Is that right?

The first one
was several years before.

Correct.

And at that time,
several years before,

there was also some injury
to the German Shepherd.

Correct.

[Judy]
Well, do you own your house?

-No.
-[Judy] You rent?

Correct.

-[Judy] How long have you rented there?
-Four years.

You have a landlord?

Correct.

[Judy]
You have homeowners insurance?

I had renters insurance.

[Judy] You had renters insurance.
You don't have anymore?

No.

[Judy]
You wanna tell me why?

[Joseph]
The renters insurance,

it lapsed two weeks
prior to the first altercation.

And then after that first altercation,

the Shepherds, during all that,
I paid the vet bills

and took care of everything
as I should.

From your insurance?

-No, out of pocket.
-[Judy] Without your insurance.

Without my insurance,
out of pocket.

And then they got an attorney involved
and tried to sue over that incident.

But with that being said...

Your insurance company
dropped you.

[Joseph] Correct.

Well, of course, because when you applied
for renters insurance,

did you tell them
that you had two Cane Corsos?

[Joseph]
Yes, I did.

[Judy]
And they probably upped your premium.

-Did they up your premium?
-No.

[Judy] Sarah Rose,
there's a registry for the top...

Well, there are more than the top five,

but just give me the top five
most dangerous dogs

as rated by insurance companies.

So I have a Forbes article
that discusses dog breeds

that are banned
by the top insurance companies.

And it puts them in percentage
of banned lists with this breed.

[Judy]
Let's go to German Shepherds.

[Sarah]
Forty-five percent banned.

Forty-five percent.

They're banned 40% of the time
by insurance companies.

-Forty.
-Forty-five.

Forty-five.
And what about Cane Corsos?

[Sarah]
Nineteen percent of the time

they're dropped or not offered coverage
due to the breed of the dog.

So I would suggest
that you have these big dogs...

And you have no insurance anymore?

Correct.

-[Judy] Do you have a job?
-Yes, I do.

-[Judy] Make a salary?
-Yes.

[Judy] You know, if something happens,
they can attach your salary.

If something happens with those two dogs,
they can attach your salary.

So you can't be cavalier
about these large dogs

that have already shown
a propensity that they can be violent.

That's on you, you know.

It's one thing,
and believe me,

I'm not minimizing
the fact that a dog was injured,

but it could just as well
have been a small child

that ventured onto your property.

You have to keep those dogs
in check all the time.

You too.

There's a reason why you're supposed

to have dogs
under your control at all times.

And I say this,
especially big dogs

that can cause serious damage.

Now, what were your vet bills?

A total of 377.33.

[Judy]
I'd like to see them.

[Ethan] Sorry.

[Judy]
Just a little comic relief for me.

Could you tell me how $322.90
translates into $10,000?

For emotional distress.

-For both attacks.
-[Judy] Whose?

-Whose?
-Mine.

-For yours?
-[Ethan] Yeah.

You were in the bathroom.

No, I came out during the fight.

-[Judy] I know.
-Okay.

[Judy] Three hundred
and twenty two dollars.

Okay.

That's on your team.

You have a counterclaim
for $10,000.

Yes.

And your counterclaim
is that while you were trying

to separate these dogs,
you got bit.

I did get bit on my hands and wrists,
and I have pictures.

And? Why do you think
he's responsible for that?

It was their dog that bit me.

[Judy] Who cares?
The incident was...

Put your hand down.

The incident was precipitated by your dogs
not being under your control.

And if you got into the mix and tried
to separate them and their dog bit you,

well, that's what happens.

That's why you should
keep your dogs on leashes.

I would like you to walk over
to that photograph

and point out to me
on the photograph

where you were
when your hand got bitten.

I was right here.

[Judy]
You were on their property, right?

[Joseph] Correct.

[Judy]
Now you understand?

Now, if you had been on your property

and their unleashed dog
followed you back to your property

and you were on your property,
I hear you.

But you're on their property.

You were getting your dogs back
in between the dogfight.

Your counterclaim is dismissed.

Judgment for the plaintiff
in the amount of $322.

We're finished. Thank you.

-Your Honor...
-[Kevin] This court is adjourned.

Well, I'm just happy it's over
and we get to go back to being neighbors.

I think it was fair
that he had to pay the vet bills,

but I think emotional distress could have
been given a little bit as well.

I dove into the middle of the dogfight

and separated my dog
from both dogs fighting,

and I brought my dog
back onto the property.

Traumatic seeing my dog
get attacked by the second...

for the second time by these same dogs
and having to live it all again.

Their investigation
was to see who was at fault,

but both dogs were off leash,
so they deemed no one at fault.

I think it was fair.

I just wish that
we could have touched base

on the main reason why we're here.

It was my son's emotional distress.

He had to see a psychologist,
seeing our dog in distress,

and his demeanor had changed.

I mean, I'm happy with her ruling,

but I just wish we would have had
a little more say.

That was from the first altercation
two years ago.

He was bitten in a dogfight.

We did not know, determine
if it was my dog or his dog.

They came out because we felt that

if the dogs needed to be taken
or we just felt like

it was the right thing to do,
that they needed to come out.

Well, we just both keep our dogs
on a leash and stay away from each other.

I know that list was a little confusing,

but I wanted
just to read it word for word.

I guess the way Forbes had it
illustrated was just the percentage

of those types of dogs that are banned
on the top insurance companies' lists

as far as home insurance,
renters insurance.

So I'd assume
German Shepherds came up higher

just because they're more known or...

-Probably more popular.
-More popular breed.

More popular breed.

But Cane Corsos were right up there.

I'd be scared of both dogs
if they came running in my yard.

Yeah, it's so frightening.

And I love dogs,
but I'm not a big dog lover.

-Yeah, you're a small dog...
-I'm a little dog person.

Because if they bite you,
they can't k*ll you.

They can nip you and, you know,

it can be uncomfortable
for a couple of days.

But I would be petrified

if two Cane Corsos
came running in my direction

and nobody was in
tethered control of them.

And people think, you know,
their dogs are wonderful with them.

They're gentle and...

But this defendant
had a history with his dogs.

He actually paid out of pocket
a couple of years ago

for injuries that his dogs caused.

Anyway, you know,
when you have a big dog,

you're supposed
to have big responsibility.

You want less responsibility?

Get a Chihuahua.

[laughs]

[announcer]
Have you been cheated?



[theme music playing]