01x92 - Pit Bull on the Prowl

[bunniefuu]

You saw his dog attack yours?

I was walking outside
the back door and then

within, like, two seconds, mauled him.

He was crying,
he was hurt, in a lot of pain.

- Nope, this never happened.
- Hmm

I didn't hear anything.

No yelping, no screaming, no nothing.

I don't care what you heard.

Are you telling me both
you and your father are idiots?

[announcer] This is Judy Justice.

[theme music playing]

[announcer] Jason and Ashley Ead
are suing their landlord,

Machaela Farias
and her father Michael Farias

for vet bills and an unlawful eviction.

[Kevin] Court coming to order.

All rise.

Be seated, please.

[Kevin] Hello, Judge.

Case 1089.

Ead versus Farias.

Welcome.

[Judge Judy] Mr. and Mrs. Ead,
are you still living in the house

where you were living
and renting from the defendant?

We are.

[Judge Judy] And you're still living there

after a decision by the housing court?

- Correct.
- [Judge Judy] Okay.

Who owns the house?

You do?

- And this is your dad?
- Correct.

And you used to be friends?

Correct.

When you bought the house,
and what year was that?

2020.

So November 18th
is when I closed on the house.

And the house is a multiple dwelling?

- Correct.
- How many families live in the house?

- Three.
- [Judge Judy] You,

- the plaintiffs.
- Mm-hmm.

[Judge Judy] And you rented someone else.

- Is that right?
- Correct.

And did the other people that you rent to

have the same size apartment
that the plaintiffs do?

Correct.

[Judge Judy] And what do you charge
the other person for rent?

The unit upstairs is $900 a month.

And how much is your rent?

$875.

So you got
a $25 a month friend's discount?

Correct.

[Judge Judy]
This case has to do with a dog?

- [Ashley] Yes.
- You have a small dog.

- That's correct.
- [Jason] Right.

[Judge Judy] Your dog is a Chihuahua?

- Correct.
- Right.

And you have a larger dog?

- You have a larger dog?
- Yes, Your Honor.

- I have also two dogs myself.
- [Judge Judy] Okay.

- What kind of dogs do you have?
- They're both Akitas.

[Judge Judy] And your two dogs

and the plaintiffs' dogs,

I assume since you were friends,
get along?

They never really associated. They...

[Judge Judy] Well, that's not possible.
I mean, I have dogs.

I have a son that has big dogs.

There are times when they're all together.

They are friendly, yes.

[Judge Judy] They may not love
each other and the big dogs,

they say I don't want
this little one around me

and go into another room
but they've been together?

- Yes.
- Correct.

They've gone to the dog park together.

[Judge Judy] Yeah.

So let's not think
of what is good for your case.

Let's just think about accuracy.

- Got it?
- Correct.

Now, it is your claim that Mr. Farias

was visiting with his daughter.

- That's correct.
- [Judge Judy] You don't live there?

[Michael] No.

[Judge Judy] And he brought
his dog for the visit.

According to you,
you and your dad were working,

doing some renovations inside the house.

The back door was open
and your dog is what kind of a dog?

A pit bull.

[Judge Judy] Okay.

[Judge Judy] Now, Mr. Farias, has your dog

ever been in contact
with the plaintiff's dog?

No.

Was your dog inside
with your daughter's two dogs?

Yes, Your Honor.

And they get along?

Yes, Your Honor.

And there's no question that you know

that the plaintiffs
are tenants of your daughter's?

[Michael] Yeah, I know.

I know that they're tenants
of my daughter's, yes.

[Judge Judy] Yes, of course.

And it did say in your answer
that you left the back door open

so the dogs could go in and out freely?

Yes.

[Judge Judy]
And you understood, Ms. Farias,

that your father's dog,
while your two dogs had been in contact

with the plaintiff's Chihuahua,
his dog had not?

- Yes.
- [Judge Judy] You knew that?

Now, this incident
happened on April 18th, 2021.

- That's correct.
- [Jason] Correct.

And your dog, according to you,
was injured on that day?

- That is correct.
- [Judge Judy] Tell me what happened.

So I was inside.
I only heard the commotion.

My husband was the one who witnessed it,

so he would be more enough
to describe it for you.

All right.
So I was walking outside the back door.

I saw her two Akitas out back that...

- So the two akitas were outside?
- Correct.

- And is this backyard a fenced backyard?
- [Jason] Correct.

[Judge Judy] Don't show me pictures.

- It's a fenced yard?
- [Machaela] Yes.

So you let your dog out
with the two akitas?

- Correct.
- [Judge Judy] Go ahead.

And then within like two seconds
of walking down those two steps

that I go in into my backyard,

uh, Mellow came from the other side,
uh, like,

their apartment
but I didn't see him at all

and mauled them.

It just happened so fast
I can't get the image out of my head.

Did you ever see the father's dog before?

Yes.

- [Judge Judy] Where?
- At his house.

At his house or Ms. Farias' house?

- Both.
- Both houses.

Both. When was the last time
you saw Mr. Farias' dog?

At their house.

We were there for an event
like a birthday party...

When you say that they...

[Ashley]
No, he's been over to the new place

since Machaela
bought the house with Mellow.

So it might have been
a month a few weeks before.

Okay, but the two dogs
had not been together?

- [Jason] Correct.
- Correct.

[Judge Judy] So when you saw

Mr. Farias' dog attack yours,

you did what?

I screamed,

"Mellow, drop him! Mellow, drop him!"

And he dropped him out to like
the second or third time I did it

and then I picked up my dog

and that's when he snapped out my face
because he was crying.

He was hurt, in a lot of pain

and I went into my house,
in my apartment, and...

[Ashley]
I met him right at the door. I was...

- She was...she was right out the door...
- in the bathroom.

...because she wanted to know why...
what was all the crying

and I told her what happened,
that Mellow attacked my dog

and then we rushed
right out of the apartment.

- And straight to the vet.
- Straight to the vet.

We texted the landlord, Machaela, that...

Okay.

[Ashley] that her father's dog
attacked ours.

Do you have the vet report?

Yes.

It's gonna be in this pile.

How old is your pit bull?

Uh, four years.

[Judge Judy] Okay.

These are extensive medical records.

Those are the records
for every appointment that we've had,

follow up since the attack.

[Judge Judy] And what was
the total vet bill for your dog?

With the vet bills, the medication cost,

it comes to $4,841.

According to what I read,

you and your husband made a GoFundMe page.

That was
after we tried contacting Michael.

- Whatever it is you did...
- [Ashley] Mm-hmm.

I just wanna find out
whether you received any funds

from the GoFundMe page.

From the GoFundMe, we received $626.32

after the GoFundMe fees were assessed.

This is money that people donated to us.

They should not be responsible for those.

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

Don't tell me what they should be.
I'm just asking.

You made a GoFundMe page
and asked for help

in paying these vet bills
and you've managed to collect $626 from...

or a little bit more
from good-natured people...

- Correct.
- Correct.

...who understood
that this was a big bill for you,

people that you didn't know.

Unless your daughter
is a really poor judge of character,

you're saying that she is?

- Yes, I am.
- [Judge Judy] Just a second.

Just a second.

Are you saying that she is?

- Well, that's...
- [Michael] Yes, You're Honor.

- [Michael] Yes, I am.
- Yeah. Well, that's...

well, that's a slap in the face
to your daughter.

- Well...
- I'll take it. I'll take it.

[theme music playing]

[announcer]
Jason and Ashley Ead claim their landlord,

Machaela Farias,
and her father, Michael Farias

owe for vet bills
after their Chihuahua was attacked

by Michael's pit bull.

Now, let's start with this.

You do understand

that I understand

that all these dogs were out,

unleashed, and unmonitored.

- That a fair statement?
- [Michael] Correct.

- Aside from our dog.
- [Judge Judy] Just a second.

- Your dog was unleashed?
- Mm-hmm.

[Judge Judy] And was roaming freely
around the backyard?

No, he never got to that point.

We got...he got off the steps
and was attacked by Michael's pit bull.

Well, you don't know that
because you didn't see it.

Well, that is what happened.

That's what I heard from behind the door.

That's what I was saying.

[Ashley] And he was physically there.

So, what you're saying is,
the dog never got beyond this...

The two steps.

It was at the bottom of the two steps?

- Correct.
- [Judge Judy] Okay.

In any case, your dog was a visiting dog.

Yes, Your Honor.

[Judge Judy] And I'm just letting you know
that you are responsible

for these vet bills if I find
that your dog caused injury to theirs.

Yes, Your Honor.

- Do you understand?
- Yes.

[Judge Judy] It would not be the same
if it were your daughter's two dogs,

because that was a risk that they assumed

because the dogs had played outside
in the backyard together,

- according to you.
- Correct.

[Judge Judy]
So if they got into a scuffle,

that was sort of an assumption of the risk
that a big dog can hurt a small dog.

[Jason] Correct.

[Judge Judy]
But your dog doesn't live there?

Yes, Your Honor.

[Judge Judy] They don't have
to assume that you're visiting.

Correct, Your Honor.

[Judge Judy] And if you are visiting,
you have a responsibility

to keep your dog in check.

Yes, Your Honor.

[Judge Judy] Because you knew
that they have a small dog.

[Judge Judy] Your defense to this
is that the incident never happened.

That's what you wrote.

Somebody wanna stick up for that

that this incident never happened,

that they took the dog immediately
over to the vet after this incident

and what the vet wrote in his report

that there was no weight bearing
on one of the limbs

because it had a compression
as a result of being bitten

or perhaps just picked up by your dog.

So I'm ready to hear
whoever wants to talk.

Your Honor, on the day
that they say that this happened, okay?

I was putting together a snap-together
floor in my daughter's kitchen.

- Okay? So there was
- So...

[Michael] no power tools being used.

None of that stuff is being used.

Okay? You just...
you pop them together and that's it.

There's no noise, there's none of that.

I didn't know that any of this
even took place, all right?

The doors open.

I didn't hear anything.

No yelping, no screaming, no nothing.

You're talking about a sixty-pound
pit bull versus a six-pound Chihuahua.

Her boyfriend comes downstairs
he says, "Hey," he says,

"Uh, Jason just called me
and said Mellow bit Kendrick."

I was like, "What?"

I said, "Get out of here."
I thought he was playing with me.

I literally thought
he was playing with me.

Where was your daughter?

- I was upstairs.
- She was upstairs.

- Your daughter was upstairs.
- [Michael] Yes.

- You were downstairs?
- Yes.

[Judge Judy]
What was the back door doing open?

For the dogs roaming in and out the house.

At will with...
without bothering anybody to go out?

Yes, correct.

But what I'm saying is I heard nothing.

- No yelp, no anything.
- [Judge Judy] Who cares what you heard?

You know these people a long time.

They were friends
of your daughter's for a long time.

They've been at my house.
They played with my dog.

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

You know these people for a long time.

They've been to your house.

You've been to their house
before this incident?

Yes, Your Honor.

[Judge Judy] For how many years?

- Oh, I've...
- Three or four maybe.

- Almost four.
- [Judge Judy] Three or four?

I've only known them
for probably two or three, but...

- [Judge Judy] Two or three years?
- Yes.

Your daughter knew them well enough

and liked them well enough
to invite them and give them

a family and friends discount
to move into the house.

She liked them.

I would have assumed
if she bought this house in 2020,

that she would have not allowed people

to move into her house...
invited them to move into the house

if she thought that they were liars
or scammers or storytellers

or looking to make a fast buck

unless your daughter
is a really poor judge of character.

- You're saying that she is?
- Yes, I am.

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

Are you saying that she is?

- Well, that's a...
- Yes, Your Honor. Yes, I am.

Well, that's a...well, that's a slap
in the face to your daughter.

- Yeah, well...
- I'll take it. I'll take it.

[Judge Judy] Okay. Well, that's a slap
in the face to your daughter.

I wanna tell you something,
I don't care what you heard.

What is common sense
is that that's what happened

and the fact
that you didn't hear it in the law

doesn't mean a damn thing.

Now, this happened in April?

Correct.

- Of 2021?
- Yes.

[Judge Judy] And they
had been living in the house

since November or December of '20.

Yup, December.

[Judge Judy] "Yup" is not an answer.

Yes, Your Honor.

[Judge Judy]
Did they pay rent in December?

Yes, they did.

- [Judge Judy] January?
- Yes, they did.

- [Judge Judy] February?
- Yes, they did.

- [Judge Judy] March?
- Yes, they did.

- [Judge Judy] April?
- Yes, they did.

So they paid rent in April
before this incident happened

then they presented you with a vet bill.

In what month
did they present you with a vet bill?

They never presented us with any bill.

Did they ever discuss
with you paying for the vet?

They called asking
for our homeowner's insurance.

Not ours, your homeowner insurance.

Well, they asked both of us
for our separate homeowner's insurance.

Well, he can't get homeowners insurance

if he owns a pit bull in all probability

because they don't cover pit bulls
on homeowners.

[Ashley] They make you in Rhode Island.

- [Judge Judy] What?
- Your Honor, in Rhode Island,

they make you get
a special type of insurance

for vicious dogs if you own a home.

But her dogs aren't categorized
as vicious dogs.

I'm not clear on that
in the State of Rhode Island.

Are they?

Do you know?

- Answer is you don't know.
- I do not know.

Okay. Could you look up, Sarah,
just for my own information

pit bulls and akitas State of Rhode Island
homeowner's insurance,

see what you can find
while I'm continuing with this.

Anyway,

Mr. Farias,
I don't care whether you heard it or not,

you're responsible
for what happens with your dog

and if you let your father be there
with his dog,

you're the homeowner
you are likewise responsible.

They asked you
for your homeowner's insurance.

And you said what when they asked you...

I said, "This never happened."

[Judge Judy] Okay.
So you said this never happened?

- I didn't...yes.
- [Michael] Yes.

And you said the same thing?

- Yes, Your Honor.
- [Judge Judy] Okay.

I'd like to see other than your statement
that I didn't hear anything,

I'd like to see
what evidence that you have.

I heard the story.

I read the vet report and I read
the vet information and follow-up.

I'd like to see other than your,
"I didn't hear anything."

I'd like to see any evidence.

Well, Your Honor,
we do have the police report here.

[Judge Judy] I'd like to see it.

[Sarah] Your Honor, pit bulls and akitas

are considered high-risk
in the state of Rhode Island

for insurance purposes.

Thank you.

Do you have homeowner's insurance?

I do.

Do you have special insurance
for the akitas?

I have to look, but I didn't own my dogs

at the time of purchasing the house.

[Ashley] Your Honor, that's a lie.

[Judge Judy] Just...shh.

- [Machaela] I didn't own...
- [Judge Judy] Shh.

Shh. Shh. Shh. Shh.

Would you not interrupt again?

- Mm-hmm.
- [Judge Judy] Great.

I'm telling you this now.

- You have two Akitas.
- Mm-hmm.

[Judge Judy]
They're on the list in Rhode Island.

You have to advise your insurance company.

Your rates will go up accordingly.

Somebody is watching
because somebody is gonna tag this case

and say you know what?

I live near her.

Something happens with one of her dogs,
she's vulnerable.

I could own her house.

It's a nice house.

- Do you understand?
- Correct. Yes, I do.

[Judge Judy] Well,
I would take care of it if I were you.

That's not funny.

It's not funny.

Are you telling me that both
you and your father are idiots?

You own a home.

You hired a lawyer.

And what you're telling me
is you paid the lawyer

because there was a hearing

and you never asked
for a copy of the papers?

[theme music playing]

[announcer] Jason and Ashley Ead
are accusing their landlord,

Machaela Farias
and her father Michael Farias,

of causing injuries to their dog

after Michael's pit bull
attacked their Chihuahua.

Now, they paid December, January,
February, March, and April's rent.

You filed for an eviction when?

I started the process on June
and they were served...

[Judge Judy] June what?

[Machaela] June 8th
was when they were served the...

Just a second.

July 8th.

July 8th, uh, my apologies.

Who filed the papers?

My lawyer did.

[Judge Judy] So you hired a lawyer?

I did.

[Judge Judy] On what date?

So the date was May 21st of 2021.

So April's rent was paid.

Mm-hmm.

[Judge Judy] And in May,
you filed for an eviction.

Did you tender May's rent?

Yes.

[Judge Judy] In what form?

I believe it was a check
issued directly from my bank

to the defendant.

Is that the way you paid rent
in December, January,

February, March, and April,

a direct bank check?

That's correct.

[Judge Judy] Did you receive
direct bank checks

from their bank
for December, March, April?

Yes.

Was a check tendered to you
from the bank in May?

- Yes.
- [Judge Judy] Did you cash it?

[Machaela] Yes.

So they paid May's rent.

They did.

[Judge Judy]
You filed an eviction, May 21.

May I see the papers that you filed?

No, I wanna see the papers that you filed.

So the constable
would have given it to them.

No, no, no, you had a lawyer?

Get me a copy.

Because of COVID, I never met the lawyer.

It was all via telephone.

The lawyer sent you copies of the papers?

No, they did not.

They sent it to the plaintiffs.

Are you telling me that both you
and your father are idiots?

You own a home, you hired a lawyer,

and what you're telling me
is you paid the lawyer

because there was a hearing,

and you never asked
for a copy of the papers?

So I have the notice
of termination of tenancy that was...

[Judge Judy] Yes.

I have it via email.

I wanna see it.

[Ashley]
I have a physical copy if you'd like.

Shh!

And you could take her copy
while you're there.

[Kevin] [indistinct]

That's the original.

Well, this doesn't say the ground.

This is a notice
of termination of tenancy.

What was the reason
you were evicting them?

Just incident after incident,

I just couldn't deal with the headache
in the house anymore.

So I went through the correct channels
of doing the eviction legally.

- [Ashley] Your Honor, I would just...
- Just... just ...just...

[Ashley] This was all in retaliation.

And I'd like to present to you...

- May I see it, please?
- [Michael] [indistinct]

Of course it was.

[Ashley]
This is the notice that we received.

- Of course, it was.
- [Michael] [indistinct]

- [Ashley] from the defendant
- There's the emails. Here are the emails.

[Ashley] on May 4th let us know that

Jason...

[Ashley]
our restriction over no longer...

[Judge Judy] Don't speak. Don't speak.

Did you go to trial on this case?

We went to court
and the two lawyers settled.

[Judge Judy] Okay.

Can I see the notice of settlement?

Yup. This is the...
our carbon copy that we were provided.

You have any other documentation
from the housing court?

From...I do not, no.

Okay. So the rent
and use occupancy damages

to be determined at a later date execution

of the notice of eviction
is stayed until October 1st.

That's correct.

That was the decision of the court.

Did you pay rent in July?

Yes.

[Judge Judy] June, of course.

Mm-hmm.

That is correct.

[Judge Judy] August.

That is correct.

You accepted the rent?

No, they'd...I'd never received
any drafted checks after June.

I have proof of all three payments
that were issued.

May was the last check that I cashed.

[Judge Judy] After June?

May I see your bank statement, please?

So these are two carbon copies
of the checks for July and August,

and the first two
are the proof of the FedEx...

UPS check for July.

The carbon copies
are for August and September.

[Judge Judy] So I'm gonna tell you this,

I think that she did in fact

file a notice of eviction
in retaliation for this incident.

You're requesting $4,800,

which is a difference of $600 for filing

- this eviction process.
- Correct.

[Judge Judy] And I'm gonna grant
your $4,800 with one caveat.

I'm going to say to you
that this is a small property.

And it would seem to me
that the two of you

would try very hard to extricate yourself

from the defendant's home
and find another place to live.

Have you been looking?

We already have a place secured.

Great.

And when does that start?

October 1st.

We're moving out September 30th
from the location we're at now.

[Judge Judy] Very good.

All right,
because I don't see people living

under these circumstances in the house

where you used to be friends,

you're no longer friends,
actually, less than friends.

So I'm very glad that you found
someplace else to live.

Judgment for the plaintiff
in the amount of $4,800.

We're done. Thank you.

- Thank you.
- Thank you.

[Kevin] Court is adjourned.

First off, that dog was a rescue dog.

It already had injuries.

Dog was never injured.

Never injured.

Never injured.
He actually came from a firm...

family of ours, like family members.

They don't tell you in a...in a vet report

whether they're old injuries
or new injuries.

The dog just had injury.

Neither of them liked to take
responsibility for their own actions.

They love to lie.

We're not saying
that there was nothing wrong with the dog,

there was already something wrong
with the dog because it was a rescue dog.

It brought tears to my eyes.

It's like a child to us.

So our dog is our child.

And the way he comes off,
he could injure the dog coming out

because not earlier in that day,

he's backed into my daughter's car

so we thought he...
she was gonna go after him anyway.

No.

No, we came close to their car.

Never exactly tapped the car.

- Yeah, good riddance.
- Good riddance.

That's the best you can go at it.

They'll always have an issue
now going forward.

But he's still our rambunctious little boy.

So, when I looked up that list
of high-risk dogs for you,

I was surprised by some of the dogs

that were on the high-risk list
for insurance companies

and even beyond that, I didn't know that

if you have one of these high risk dogs,

which I think might be different
for every state,

and you don't disclose that
to your insurance company

if a situation like this happens,
your insurance will deny your claim.

So it's really important that people,

if they have any breed of dog really,

just to check the list to make sure

they're not failing to disclose
to their insurance company.

Because if a freak accident happens,

- you may lose your house.
- They're not... Mm-hmm.

You'll lose your house.

Yeah, risky business.

Yeah, risky business.

[announcer] Want justice?



[theme music playing]