01x76 - Sick Kitties

[bunniefuu]

He sold you two kittens.

They had a virus.

Exactly.

He said he could put them down
and give me new kittens.

You can't put them down for that.

[Judge Judy] I don't minimize
the fact that you're upset

and that you are attached
to these kittens now.

They're sick.

[announcer] This is Judy Justice.

[theme music playing]

[announcer] Jade Arthur-Huseby
is suing cat breeder Jeffrey Taylor

for vet bills and the cost
of two Bengal kittens.

[Kevin] Court come to order.

Have a seat, please.

- Hello, Judge.
- How are you?

Case number 1143,
Arthur-Huseby versus Taylor.

- [Judge Judy] Huseby.
- Yes.

[Judge Judy] Your complaint
is a relatively a simple one.

You claim that
Mr. Taylor is responsible for all

of your cats getting ringworm
and being sick.

You want him to pay your vet bills

and a whole bunch of other things,
$10,000 worth.

- Yes, ma'am.
- [Judge Judy] Okay.

Mr. Taylor says he felt a certain amount
of sympathy for you,

initially, when you told him

you had extensive vet bills

- 'cause he sold you two kittens.
- [Jade] Yes.

[Judge Judy] Did he ever pay
any of the vet bills early on?

- Yes.
- [Judge Judy] How much did he pay?

The approximate number, I don't know,

but I can tell you it's around 1,200.

How much money did you pay?

I believe 13 something.

You bought two kittens for him
on what date?

May 24th, 2021.

[Judge Judy] And they were Bengal kittens?

- [Jade] Yes.
- [Judge Judy] How old were they

- on May 24th?
- About 11 weeks.

By the time they're 11 weeks old,
they usually get some shots.

Yes.

[Judge Judy] Had you given the many shots?

Yes.

[Judge Judy] Which shots have they gotten?

I don't recall exactly what it is,
but it's called a four way.

They received a four way of shots.

It's one shot.

Do you remember
how old they were when they got them?

I give them at seven to eight weeks.

[Judge Judy] How many kittens
were there in the litter

of these kittens
'cause you had the litter, correct?

- Correct.
- [Judge Judy] Okay.

I believe there was four.

[Judge Judy]
And how much did Ms. Huseby pay for

the two kittens that she purchased?

[Jeffrey]
One thousand five hundred apiece.

- [Judge Judy] So she paid $3,000?
- Correct.

- [Judge Judy] And you have both parents?
- [Jeffrey] Correct.

[Judge Judy] How long have you been
in the breeding business?

- Ten years.
- [Judge Judy] When the plaintiff

purchased the kittens,
was there a contract?

- No.
- [Judge Judy] Is that correct?

Yes.

Now, you took them home
on the 24th of May?

- Yes.
- [Judge Judy] You had other cats at home.

What other kind of cats
do you have at home?

One Bengal, one years old
and one Calico, ten years old.

Now, the Bengal
that was a year old was a male?

- Yes.

- [Judge Judy] Neutered or not?
- No.

[Judge Judy] So you planned on
breeding the cats?

- Yes.
- Because you bought two females.

- Yes.
- [Judge Judy] Is the Calico

an indoor cat or an outdoor cat?

- Indoor cat.
- [Judge Judy] And what about the Bengal?

Indoor.

He's been let out a couple times
but not on purpose.

But he's both indoor
and he goes outside and comes back?

He just escaped a couple times.

So, he's indoor, he's indoor.

I'm just letting you know
that I'm familiar with Bengal cats.

- Okay.
- [Judge Judy] And they like it outside.

They like to prowl.

That's in their DNA.

After the 24th of May,
when did you take the kittens to the vet?

- [Jade] It would have been the 29th...
- [Judge Judy] Show me.

...that I brought them to the vet.

[Judge Judy] Show me the...on May 29th...

[Jade] I brought the kittens
to the vet and they were...

- [Judge Judy] I have to see...
- Okay.

...the vet's record.

- [Jade] Okay.
- You can't tell me what anybody told you.

- [Jade] Okay.
- You have to show me

the vet's record, they're business record.

Okay. Your Honor, I have the next record

that states about the previous record...

[Judge Judy] Just a second,
and I'll see what you have.

- [Jade] Okay.
- You...so, you didn't bring

the record of May 29th?

- No, but it's...
- [Judge Judy] Just a sec.

- No.
- When did you take them

to the vet after the 29th?



[Judge Judy] So, a month and a half later?

- Yes.
- [Judge Judy] Yes. All right.

I'm gonna take a look at that, please.

- [Jade] Okay.
- Kevin.

[Jade] There's several of them.

I'm just gonna grab them all for you.

No, don't grab them all, 07/11.

[Jade] No, no, that's all for that day
'cause it was every single cat.

No, I don't want every single cat.

I want the two kittens.

[Jade] Okay.

[Judge Judy] Okay.
So about month and a half later...

- Yes.
- [Judge Judy] The two kittens

as well as your cats had ringworm.

- Yes.
- And?

[Jade] And um I have
the positive ringworm results,

but there was another medical problem

that I have the other documents for...

[Judge Judy] Yeah,
he's not responsible for their ringworm.

[Jade] Okay.
The other medical problem they had

when I purchased the kittens,

they were sick and I have the photos,

and the documents from the vet.

[Judge Judy] Well,
let me ask you this question...

- [Jade] Yeah.
- ...Ms. Huseby.

They had colds according to
what I read here in the doctor's notes.

Yes.

And I believe that
the defendant acknowledges that

he said to you they have colds.

- Is that correct?
- Yes.

[Judge Judy] So,
when you took the kittens to the vet.

- Yes.
- [Judge Judy] And I say this to you

as somebody who is very familiar...

- [Jade] Yes.
- ...with cats,

having at one time in my life.

Probably, during a psychotic episode.

I'm only teasing about that.

I had six cats, Persians and Himalayans.

- Yes.
- [Judge Judy] And that was 30 years ago,

until my immune system crapped out on me

and I couldn't be near cats anymore

because these were all long-haired cats.

So, I'm gonna tell you a story,

so you'll understand
where I'm coming from.

These were purebred
that we bought sort of one at a time.

We bought a silver shaded Persian.

We bought a Persian, we bought a Himmy,

a Seal point Himmy,
and a blue point Himmy,

and we loved those cats.

We'd run home from work lunchtime.

We'd leave court in the Bronx
and run home to our apartment and check

on the cats and the kitten, and make sure
that they were okay.

We lived in an apartment
so they never went out.

We have them...I don't know, about...

six months, seven months
and they all developed ringworm.

Now, I didn't have ringworm.

And my husband knows if he had ringworm,
he'd be living in another jurisdiction.

And I remember going to take the cats
in their carriers to the vet,

all six of them, one Saturday morning,

and it was pouring outside.

And here, we took such good care
of these cats, I cooked for them.

There was one small one

that didn't like to eat
with the rest of the cats,

so she ate up on the counter.

A little white, beautiful kitten,

and I fed her
because she would be standoffish.

And the larger ones
wouldn't let her get her share.

So, these were...these were spoiled cats

by two old people
who were almost empty nesters.

That's what happened.

You're not there yet.

And we're leaving our apartment building

carrying...each one of us
has carrying cases with couple of kittens,

couple of larger cats,

and you could see the ringworm
around here,

you know, little spots,
starts to lose hair.

- Is that what happens with ringworm?
- Yes.

[Judge Judy] And jumping from
one garbage can to the other

in front of our apartment building

was this alley cat with a sleek coat.

Nobody took care of it.

It took care of itself. [chuckles]

It went from garbage can to garbage can,

got what it needed to eat,

lapped up water when it needed
to lap water from the rain water.

Found someplace dry to sleep, I assume,

'cause it didn't have a collar on.

But it was sleek and healthy.

I stopped looking at it,
'cause it was looking at us,

and could see the kittens
through the things that...

it stopped and it opened up
their beautiful green eyes.

And I said, "I don't understand this."

We take such good care of our kittens.

How did they get ringworm?

I said, "If they have this disease,
can I get my money back?"

And he said if they have that disease,

then he could put them down,
and give me new kittens,

and never offered to give my money back.

[theme music playing]

[announcer] Jade Arthur-Huseby
claims cat breeder Jeffrey Taylor

owes for the cost of vet bills

after selling her two Bengal kittens
with a serious illness.

Okay. You had these kittens
for a little over a month and a half

until they were diagnosed by a vet
with ringworm.

- Yes.
- And when you took the kittens,

they had a cold.

You took them on the 24th,

you don't have the records from the 24th.

Your Honor, I have, um,
I have a different record

that states the day that they came in
a few days after the 24th,

that they were previously seen
on that date,

because I kept bringing the kittens in
every, like, few weeks

and once a month, because of the colds.

- So I don't have the...
- Just, just a second.

- [Jade] ...first one.
- And...you don't have the first one.

What I'm asking you is
when you took them in...

- Yes.
- ...and you notified

- Mr. Taylor.
- [Jade] Yes.

[Judge Judy]
His response was initially for the cold.

"I'll pay for those bills."

And he did give you $1,300
towards those bills.

- Yes.
- [Judge Judy] Which you accepted.

[Jade] Yes.

Did you, at any time at the beginning,

the first time you took them to the vet

and the vet said they had a cold,
say to Mr. Taylor,

"Even though we don't have a contract,

I'm prepared to take the kittens back

and give you your money."?

[Jade] I did state, yes.

When? On what date
did you say that to him?

[Jade] About the 28th, so it's about
the middle of the week, um...

- [Judge Judy] May 28th.
- Yes. Not even a week after...

- [Judge Judy] Okay.
- ...I purchased the kittens.

[Judge Judy] Just a second.
And on May 28th,

what did the defendant say to you?

That they have a cold,
their cold isn't getting better?

It wasn't a cold.
It was a respiratory infection.

[Judge Judy] Okay. And he paid for that.

- Yes.
- Okay.

- [Jade] And...
- So he paid for that.

Did you say...
or did he say give them back...

or did you say, "I wanna give them back.

You take care
of the respiratory infection."?

Yes. I'm gonna tell you exactly
what I said, so...

I'd like to hear it.

[Jade] The vet had told me...

Don't...you cannot tell me...listen to me.

You cannot tell me anything
that the vet said to you.

If you have records, business records,

- like I just read from the vet.
- [Jade] Uh-hmm.

- I will see them.
- Yes.

[Judge Judy] But you cannot tell me
what the vet said to you.

You can tell me
what you said to the defendant

and the defendant said to you
on the 28th of May.

[Jade] Okay. I do...I do have it
in the note from the vet,

um, that I mentioned to him,
the vet said that...

- [Judge Judy] You...
- [Jade] Okay.

- That's not happening.
- [Jade] Okay.

- I...okay.
- That's not happening, Ms. Huseby.

I mentioned to him that they possibly
might have, uh, a viral disease.

I said, "If they have this disease,
hopefully, you know, they don't,

maybe it's just a cold,
can I get my money back?"

And he said, "If they have that disease,"

then he could put them down,

and give me new kittens,
and never offered to give my money back.

[Judge Judy] Just a second.

So he said to you

if they have that disease,

- they should probably not be bred, right?
- Correct.

[Judge Judy]
Which is what you bought them for.

"And I will take them back,
I'll put them down,

and give you new kittens." Just a second.

And you rejected that
because we're now at the end of October

and you still have the kittens, right?

Yes, but you can't put them down for that.

[Judge Judy] Just a second, just a second.

- You can't...
- [indistinct]

[Judge Judy] Just a second, just a second.

If it's not a life-threatening disease...

Ms. Huseby,
you have to pull yourself together.

It's not a life-threatening disease,

but you wouldn't want
to breed kittens that have that.

- Exactly.
- [Judge Judy] So he said to you,

"If they have that disease,
I will replace those kittens."

Even though he doesn't have to,

'cause you don't have
a contract with him,

but he said that to you.

You chose not to do that.

Just out of my own curiosity,

because there is no contract
other than she bought kittens,

she took them home.

You paid for the first round
of respiratory illnesses for the kittens.

Did you get the results
of the tests for those kittens?

- Do they have that disease?
- Yes.

Okay. So, you cannot breed them.

- No.
- [Judge Judy] Okay.

Can I see the results of that test?

[Jade] Yes.

There's one more result, too.

One second.

- I just want to see...
- [Jade] Oh, here.

Here they all are.

And they gave it to my older cat, too.

So it's a communicable disease.

It's not, uh, a disease that's in the DNA.

It's in the blood.
So that's how they test it ever since...

[Judge Judy] I...shh.

They had, uh, a virus.

- It's a virus.
- [Judge Judy] It's a virus.

- It's a herpes virus.
- [Judge Judy] It's a virus.

But you can't get rid of it.

It's medically proven
you can't get rid of it.

I don't know that.

[Jade] Your Honor,
I have one more that states...

because the doctor
without blood testing them,

- said this is...
- Don't...you cannot...

- Okay. Uh, I have it in here.
- ...tell me what the doctor said.

[Judge Judy] If you want me
to read a report, I will read a report.

[Jade] This is before
they blood tested it, on the second page.

Just...I'm a reader.

That's what I do.

Okay. So...

It was stating...because I brought it in
for the respiratory.

They put notes in there like, you know,

that it has the herpes
and that hopefully they will improve.

- That...
- [Jade] Before I got it blood tested,

but they knew from looking at it,
like since I bought it...

- You can't...listen to me.
- ...they had all the symptoms.

[Judge Judy] You cannot tell me
what they thought, what they knew.

- Well, later on, it did test positive.
- [Judge Judy] What...uh,

it also said in there
and I know that you're upset

and I don't minimize the fact
that you're upset

and that you are attached
to these kittens now.

You bought these two kittens
without a contract.

You took them home,
knowing that they had a cold.

If I went and bought an animal,

and the animal didn't look right to me,
I would say,

"You know what?
I'm not taking this animal home.

It doesn't look right to me."
But you decided to do that.

The defendant who's been
in the business for 10 years,

said to you, "They have cold."

That's what I see.

- He didn't voluntarily say that.
- [Judge Judy] Just, just...

well, you saw that, that's what
you said in your complaint, okay?

- He acted...he acted like...
- [Judge Judy] Just a second.

"...Oh, it's nothing.
I see it all the time."

[Judge Judy]
Just a second. That's all right.

You're buying a product,
your product is two kittens.

It's just like
if you went and bought a car,

and when you started it up,

it started to smell a little bit.

And the person
who was selling you this car, says,

"Oh, they always start up
and they smell like this.

It's until the oil burns off."

Well, if you want to accept
that explanation and take the car home,

that's your problem.
You smelled it, you saw it.

The person who's giving you said,
"Well, it's not really a problem."

And it may not be a problem,
but six months later,

it turns out to be a problem,
because there's an oil leak,

and that you don't have a contract
with that person

unless you do, in fact,
have a contract with them.

That there's a certain amount of time
that you have to take the kittens

to be checked by a vet,
and if within 10 days...

and I've seen those contracts
thousands of times.

You didn't have that.

You happen to have,

what I perceive to be
a legitimate breeder

who said to you, "I feel badly

that you have to take the cats in
for this respiratory problem

and I will pay that vet bill."

But then when they develop ringworm
and you have other cats in the house,

a month and a half later,
that was a persistent problem.

According to what I read,
he's not an insurer of your cats.

Your Honor,
the ringworm came up a week later.

I have receipts for stuff
that I bought at home,

'cause I tried to treat it
before I brought them to the vet.

It still doesn't make him responsible.

And I went to the courts where we live,

and I got the paperwork,
they said it was ill*gal for him...

- [Judge Judy] Just a second.
- ...to sell it to me without that.

[Judge Judy] Just a second.

You can't tell me
what anybody said to you.

That's hearsay.

He never said,
"My cats also had ringworm."

But he paid the bill.

Why did he pay the bill
if he didn't think he was guilty?

Maybe he was just a nice person
and he felt sorry for you.

[theme music playing]

[announcer] Jade Arthur-Huseby
has accused cat breeder Jeffrey Taylor

of selling her two Bengal kittens
infected with a virus.

Jeffrey says he offered to take
the kittens back, but Jade refused.

Okay. What I'm telling you is
you don't have a contract with him.

The state we live in, they said
it's ill*gal to sell without a contract

- and to sell while it's sick.
- [Judge Judy] Okay.

You have to be able to establish

that the defendant knew
that these cats were sick.

That's number one.

I'm gonna ask him a question.

Sarah is gonna look it up.

Where do you come from?

- Minnesota.
- [Judge Judy] Minnesota.

What county?

- Anoka County.
- [Judge Judy] Anoka County.

Look up Anoka County,
sale of domestic animals.

There were two other kittens

- in this litter, sir.
- Yes.

[Judge Judy] Were any of your cats
treated for ringworm?

No.

[Judge Judy] Did either of the two people

to whom you sold the two other kittens

report to you that their kittens
had ringworm?

- No.
- But, Your Honor,

he told me on the phone,
"Oh, my dad had the ringworm,"

'cause his dad helps him
with the kittens,

"Just put some shampoo
and buy some cream."

I told him that a week later that... 'cause
a week later the ringworm came up

and I bought stuff that...treat it at home,

- but it wouldn't get rid of it.
- [Judge Judy] Just a second.

Ms. Huseby,
he's not an insurer of your kittens.

- [Jade] But he knew...
- You have one cat that goes...

He said they had it over there.

Now, he's saying that they didn't.

- [Judge Judy] Well, just a second.
- Your Honor?

- [Judge Judy] Did he ever...what?
- Can you...

[Judge Judy] Did he...did he tell you

when your cats
were diagnosed with ringworm

that his cats were diagnosed with...

just think about the answer
to my question.

No.

No.

He never said,
"My cats also had ringworm."

But he paid the bill.

Why did he pay the bill
if he didn't think he was guilty?

Maybe he was just a nice person
and he felt sorry for you.

But he's not paying you $10,000.

That's ridiculous.

Unless you can establish to me
and I don't know what the law says.

So, there is a law that no animal
may be offered for sale

by a broker or a pet dealer,

uh, until the animal has been examined
by a vet

and the rights of the purchaser
if within 10 days

after receipt of the animal
by a purchaser.

A veterinarian states in writing

that the animal has a health problem
that existed at the time of purchasing,

they should have two business days

to inform the breeder
and return the animal.

[Judge Judy] And return the animal.

Okay. So, you took the kittens,
according to you,

- within that 10-day period to a doctor.
- Yes.

[Judge Judy]
And you informed the defendant?

[Jade] Yes.

[Judge Judy]
And you informed him within two days?

- Yes.
- [Judge Judy] And at that time,

did you ask to return the kittens?

At that time...

[Judge Judy]
The answer is either a yes or no.

Yes, after the visit.

- [Judge Judy] After the visit.
- And what did he say to you?

If they have that disease...

[Judge Judy]
No, not if they have the disease.

- We're not talking about that disease.
- Okay. Okay.

- We're talking about the cold.
- [Jade] Well, I told him...yes.

- Okay.
- We're talking about the cold.

You accepted payment of him

- for either 12 or $1,300...
- Yeah.

...for treating them for that cold

- and upper respiratory infection.
- Yes.

[Judge Judy] That's the way
you resolved the issue...

- Yes.
- ...because you didn't want to

return the kittens.

I asked him about getting
my money back for the kittens,

which obviously I'd return...you know,

return the kittens and get the money back.

"No, if they are diseased,

then we will put the cats down
and I will give you new kittens."

[Judge Judy] [indistinct] and you said no?

- Yes. You can't do that.
- [Judge Judy] Okay.

- You can't put the cats down for that.
- [Judge Judy] Okay. Okay.

- You have the kittens now?
- [Jade] Yes.

How are they?

They still have respiratory problems.

I just brought them in last week.

They're sick.

And I keep giving them the medication,
it's because of the disease.

It causes viral respiratory problems.

[Judge Judy] What do you wanna do,
Ms. Huseby?

What would you do?

Would you return the kittens
to the defendant and say,

"I'm giving you the kittens,

if you're going to put them down,
put them down.

I want my money back."?

My question is,
is that what you want to do?

I'm not saying that that's what I will do.

I'm just asking you,
is that what you want to do?

No, they diseased,
all the other cats in the house, too.

- [Judge Judy] What...
- It...I can't just get rid of them.

You know what I'm saying?
All my cats are diseased.

That would mean
I'd have to get rid of all my cats.

[Judge Judy] And what I'm telling you is

you have no proof
that it's his fault, no...

From the day I brought them home,
they had symptoms of the disease.

[Judge Judy] Madam,
he says that his kittens

and his cats
were not treated for ringworm,

on or about the time
that your cats developed ringworm.

So, if the kittens brought the ringworm
into your house

that means they had...
bring them in from his house,

'cause they never left his house.

But it's possible,

possible that your Bengal
that does go outside

brought ringworm into the house.

I don't say it happened.

I think it was very nice of him,
absence of contract,

for him to pay the vet bill
for the respiratory illness.

- [Jade] He wasn't pleasant.
- He's not...

He wasn't pleasant like he was saying.

[Judge Judy]
Well, I didn't say he was pleasant.

I said pay.

What did she say?

- He wasn't...
- He wasn't pleasant.

[Judge Judy] Pleasant?
He doesn't have to be pleasant.

You paid him 3,000...$1,500 for a kitten.

He's not an insurer
of your entire cattery.

- But he sold me a diseased cat.
- We're done.

Thank you very much.
Your case is dismissed.

[Kevin] Court is adjourned.

I felt that I went above and beyond

and took care of the issues
that she had with the cats

at the beginning,
which I didn't have to do.

I hope they do have a good home
and I hope they're taken care of,

and I think that
she will take care of 'em.

She does seem pretty passionate, so...

[Sarah] You know,
I remember that story about you and Poppy

taking all of the cats
in their carriers back to the vet

and seeing that stray cat,

and I sympathize with the plaintiff

'cause I understand that
she was in a tough moral position.

She doesn't wanna return the cats,

knowing that they're gonna be put down
for this disease.

But she doesn't wanna keep diseased
cats in her home, so I understand.

But it's a tricky spot to be in,
and sometimes the alley cats,

no matter how well you take care
of your cat, come out on top.

- [chuckles] They're strong.
- [Sarah] Yeah.

- That's what we call Poppy.
- Yeah.

Call him an alley cat.

Yes. I did feel sorry for her.

- But there's a good legal lesson.
- [Sarah] Uh-hmm.

[Judge Judy] When you buy an animal,

you're supposed to have a contract

and the contract should provide

that you have
a certain amount of time, days...

- Uh-hmm.
- [Judge Judy] ...to take the cat to a vet

and have the vet make a diagnosis.

And if the diagnosis is such
that the kitten...

you feel as if the kitten or the dog
or the puppy...

- Yup.
- ...is sick,

you have five days
in which to return the animal

- for a full refund or a replacement...
- Uh-hmm.

...at either your option
or the seller's option.

That's a clear contract.

Here, she paid $1,500.

There was no contract.

She saw that the kittens
had runny nose and...

- Yeah.
- ...eyes...she took them anyway.

Took them to the vet, [chuckles] called
him,

he said, "Gee, I'm sorry."

And some point, you just have to say,

"Listen, this is my responsibility.

- It's not somebody else's fault."
- Uh-hmm.

So, I feel sorry for her,
because she's a sweet lady,

but that doesn't mean
she has a legal remedy.

- Uh-hmm. I agree.
- [Judge Judy] And she doesn't.

[announcer] Want Justice?



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