01x116 - Puppy Injury

[bunniefuu]

- I assume that that's Pucca.
- [dramatic music playing]

[Zoey] Yeah.

They placed her on the bar stool,

and she slipped off.

[Zoey] They placed her
on there, and she fell

and that her arm
was broken as a result.

And her arm's like this.

What the hell were you thinking

when you put the dog on a barstool?

[announcer] This is Judy Justice.

[theme music playing]

[announcer] Zoey Mdalel
is suing her former roommate,

Christian Galicia
and his friend Margaret Eisen

for vet bills.

[Kevin] All rise, court come to
order.

[Judge Judy] Be seated, please.

Hello, Judge.

Case 1057 Mdalel vs. Galicia, Eisen.

- Thank you.
- [Kevin] You're welcome.

Mr. Galicia was your roommate?

Correct.

[puppy whines]

Cute puppy.

That...I assume that that's Pucca?

[Zoey] That's Pucca, yeah.

[Judge Judy]
When did you and Mr. Galicia

move into this apartment together?

You were roommates.

So I was already, uh, the leaseholder
in the house

and he moved in in December of 2019.

[Judge Judy]
We're either of these two gentlemen

witnesses to the event
which resulted in injury to Pucca?

[Zoey] No, Your Honor. Uh...

[Judge Judy] Well, what's the purpose
of their being here?

Uh, they were both witnesses
to the conversation

that I had with Christian

regarding um seeking to pay
for the damages,

for her vet bill.

[Judge Judy] All right, it's your
claim in this action that the

- defendants, both of them...
- [Zoey] Uh-hmm.

...including Ms. Eisen who was
visiting your house on that day,

- you were not at home...
- Correct.

[Judge Judy] ...should be
held responsible

for Pucca's vet bills
because it was as a result

of their negligence
that she broke her paw?

- Yes.
- [Judge Judy] That's...

Absolutely.

[Judge Judy] Okay.
And this injury happened to the dog

on what date?

It was April 8th 2020.

- You were not at home?
- No.

[Judge Judy] When you left the house

- on April 8th of 2020...
- [Zoey] Uh-hmm.

You know what you could do, sir?

You can take the dog outside.

Okay.

[Judge Judy] And if we need you,

I'll call one witness
and then I'll call you.

You can go out that way.

Dog is cute.

When you went out April 8th,
was Mr. Galicia there?

I think he was at home when I left,
yeah.

When you left the home on April 8th,

where did you put Pucca?

She was in my room
with the door closed,

- which is where she lives.
- [Judge Judy] Oh, just a ...

tell me how you found out
she was injured.

I received a phone call and...

- [Judge Judy] From whom?
- From Christian.

And he told me that they had
taken Pucca out of the room

to play with her,

that they had set her up on this
barstool

to keep her still

and that she had slipped,

f-fell onto the ground.

Who had placed Pucca on the barstool?

- Uh they did not specify.
- [Judge Judy] Okay.

Okay. So they placed her
on the barstool.

- [Zoey] Uh-hmm.
- And she slipped off?

She slipped and fell. As you can...

she's very animated, so she...

and she was about three months
old at the time, so.

She was very wiggly, yeah.

[Judge Judy] But he said they had
placed her on a barstool?

- [Zoey] Correct. Uh-hmm.
- [Judge Judy] And she slipped off.

Yeah, she fell.

You went home?

[Zoey] Actually, they had told me
that she had a serious injury

because she was very upset

and, and that I think it was...
her arm looked funny.

[Judge Judy] So they took her to the
vet?

[Zoey] They sent me
the information of a vet.

They had looked up
an emergency vet in Berkeley.

And I immediately got in my car

and drove to meet them at the...

- at the vet.
- [Judge Judy] At the vet?

- So you took her to the vet.
- Yeah, we did.

I had called her once.

And then on the second time,

she decided to come and join us.

But the first time she's had
explained,

"Oh, just wait until I arrive

and then we can take her to the vet."

[Judge Judy] Okay.
Did you in fact, Mr. Galicia,

telephone the plaintiff and let her
know

that you had taken the puppy
out of her room

and placed her on a barstool
from which she fell off?

Yeah.

[Judge Judy] Did you say that to
her?

- So...
- That's either a yes or a no.

- No.
- What did you tell her?

I told her that...

No, look at me.

[Christian] Okay...
I told her that the dog

had been let out by us.

Um, and when we were...

- Look at me.
- [Christian] Setting up to...

to go to work out,

the dog that was running around,

had a lot of energy, and as a result,

the dog...

we tried to control the dog.

[Judge Judy] Mr. Galicia,

- it's always easier, Mr. Galicia...
- Yeah.

[Judge Judy] ...to tell me
the direct story

the first time.

- Do you understand?
- I understand.

[Judge Judy] It's less
embarrassing.

Believe me, it's less embarrassing.

So I'm going to put an eraser

on the last three minutes
of your fumfering.

Did you tell the plaintiff

that, "We put the puppy on a
barstool. She slipped off.

I think she broke her paw.

Her paw looks funny."
Did you tell her that?

We told her that the dog was...

- No. No. No.
- [Christian] Had a lot of energy.

No, you didn't tell her
that the dog had energy.

That's a lie.

That's a lie. That would
not have been a reason

for an emergency call,
"The dog has a lot of energy."

Do you understand Ms. Eisen?

You want me to make this
easier for you?

Were you present when Mr. Galicia
called the plaintiff?

I was. I was on the phone
calling vets at the time.

Did you overhear the conversation?

Bits and pieces, not the whole thing.

Did you and/or Mr. Galicia,

in fact, take this energetic little
dog

and put her on a barstool?

No.

Tell me what happened.

We let Pucca out of the room.

She was running around.

She tried to jump for the stool.

She missed and broke her paw.

[Judge Judy] Did you, Mr. Galicia,

- offer to pay part of the vet bill?
- Yes.

[Judge Judy] If the incident
happened

as you both are suggesting to me,

that's not your fault.

If on the other hand, you let the
dog out

and you were trying to exercise,

and you were trying to calm her down

and put her up on the barstool

so that you could continue
with your workout,

which is what you were doing,

you would be responsible.

Yes.

Your Honor, I just want to say
that there was no precedent

for them to even go in my room
and take my dog out.

[Judge Judy] I don't care about
that.

- Okay.
- I don't care about that, actually.

You have a puppy in the room,
you're not home,

you don't even know if he's home.

Puppy hears other people outside,
crying

and whimpering, to come outside.

That's very annoying,

aside from everything else
it's very annoying,

and unkind, actually, to the dog.

In addition to the other people
who live in the house.

I mean, y-you get a dog, you're
supposed

to be around all the time
or take it with you.

So I don't care what your rules are.

I'm just trying to visualize,

I've had puppies all my life.

You know, they'll try
to jump up on a couch

or they'll try to jump up

but it just doesn't make sense to me

for a puppy to try to jump up
on a barstool

and then fall.

It makes sense to me that the puppy
fell off the barstool.

It also doesn't make sense to me
putting a puppy on a barstool.

Do you have any other evidence
to show me

that that's how the dog was injured?

No, only what they told me on the
phone.

[Judge Judy] Okay. You went to the
vet?

- [Zoey] Correct.
- You met them at the vet?

- Both of them?
- Yes.

- [Judge Judy] Who paid the vet bill?
- [Zoey] I did.

[Judge Judy] What conversation
did you have,

if any, with them at the vet?

You know, it was during COVID

and I had to give the dog
to the nurse at the door

and they took her inside
and I had to wait outside.

So you met them at the vet.

You saw the puppy was injured.

The vet took the puppy,

and then there's a period of time

that all three of you were standing
there?

- Yes.
- [Judge Judy] Now at that time...

- Uh-hmm.
- Look at me.

At that time,

a normal person,
you look like a normal person,

would have said,
tell me exactly what happened.

Really, tell me exactly what
happened.

So you had to have had a discussion.

Now I want you to be
very careful what you tell me.

Tell me what the discussion was

that you had with them while waiting

for Pucca to be examined by the vet.

The conversation was brief.

They said, "Do you want us to wait
here with you?"

'Cause I had to wait outside
and I had... was in my car,

they were in their car. I said, "No,
I don't want you to wait.

You can just go back
to the house and I'll wait here

to see what happens with Pucca."

That was the end of the conversation

because he had already told me
what happened on the phone.

Well on the phone, you say
that they were working out

and they had put Pucca on a barstool,
the dog fell off.

Yeah, she placed...
they placed her on there for some...

I don't know why, and she fell

and that her arm
was broken as a result.

Well, they didn't know
her arm was broken.

They said it was injured.

I mean, if you...
if...there's a picture of Pucca

when I handed her to the vet

and her arm's like this. Eh, I
mean...

[Judge Judy] So, they were
concerned enough to take her.

The normal question would be,

why did you place her on the
barstool?

- That would be a question...
- Yes.

[Judge Judy]
...that I would say immediately.

What was she doing on a barstool?

I wasn't indignant in the moment.

I was just trying to decide

what the next step was,
get her to the vet.

She wasn't at the vet. She was
suffering.

- [Judge Judy] Oh, no, no, no.
- She was in pain.

- No, no, no.
- [Zoey] Yes.

- No. No. Don't.
- [Zoey] Yes, Your Honor.

I'm not discarding that.
I'm just saying to you.

If one of my children

or one of my grandchildren

was playing with one of my puppies

when I had a puppy and said to me,

"I put the puppy on a barstool,"

'cause I have barstools in my house,

"And she fell off

and it looks like she broke her leg,"

my first reaction would be,

"What the hell were you thinking

when you put the dog on a barstool?"

You see, that would be my first
reaction.

But I, you know, I could
be a vicious person.

My question to you is,

is today the first time,

'cause you all lived
together for months,

is today the first time

that you heard this different version

of the events of April 18th?

Yes, today is the first time
I'm hearing a totally different...

Different version?

...version. Yes.

[announcer] Zoey Mdalel
says her former roommate,

Christian Galicia and his friend
Margaret Eisen,

are responsible for vet bills

after Zoey's puppy broke her leg.

[Judge Judy]
Now, it would be like, say,

"I put the dog on a shelf
in the living room

and the dog fell off
the shelf in the living room."

Your first question is,

"What did you put the dog
on the shelf for?"

I agree.

[Judge Judy] But you didn't ask
that question.

That's what you say.

They say that the dog made a leap

and broke its foot.

I think that what you're doing is,

because I've read your complaint,

what you're saying is,
it was a result of them

taking the dog out of the bedroom,

in opposition to what you had
instructed them to do

with the dog, which was leave
the dog in your room.

That sounds to me
more plausible reason for you

to think that they're responsible
for the vet bill.

That as a result of their playing
with the dog.

If the dog was in the bedroom,
the dog would not have been injured,

and therefore they took
the dog out of the bedroom,

therefore they're responsible
for the vet bill.

Well, that would have been
plausible for me to say,

"Well, that... she could think that."

But it has to be a big leap for me
to say,

"I put the dog on a shelf

and the dog fell off the shelf

and broke its paw,"

and I as the owner
of a three-month-old puppy

didn't say to you, at that moment,

it would have come out instinctively,

"Where was your brain
when you put the dog on the shelf?"

If that's what they said.

Now, now you can stand up.

- Your last name?
- Seckelman.

[Judge Judy] Okay. So, were you
privy to any conversation

between the plaintiff
and either of the defendants

where either of them acknowledged

that they put the dog on a stool?

- Yes.
- Tell me about it.

[James] Sure. I had
my door uh creaked open

and I suddenly heard Pucca scream.

I came out um as a normal reaction
saying,

"What's going on?"

And they were huddled
around Pucca.

- And they said that they...
- Look at me.

[James] Sure. They, they said
that they had set Pucca on the stool

because they were doing an exercise.

They needed... and she was,
you know, running around

scampering out,
they needed to set her down.

So they set her on the stool

so that they wouldn't interrupt
their workout.

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

Who told you that?

- They did.
- [Judge Judy] Who's the they?

- I mean...
- They...

...they're both talking at the same
time?

[James] No. Christian explained this
to me

and she was also present.

- [Judge Judy] She was present?
- Yes, they were...

they were working out.

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

- Sure.
- I want you to go back and tell me

- they were huddled around Pucca.
- Uh-hmm.

[Judge Judy] You came in,
you said, "What happened?"

- Yes.
- [Judge Judy] Okay.

And Christian said to you?

[James] Christian said to me
that the reason

that they had set Pucca on the stool

was because she's a high-energy dog,

she scampers around,
they're doing push-ups or sit-ups

or whatever kind
of workout they're doing

and it's being interrupted by the dog

because the dog is very affectionate
and wants attention.

So this closest object to them...

[Judge Judy] No, no.

- Did he say all this to you?
- Yes.

[Judge Judy] He said all of this
to you?

And he said and the closest object
was the stool.

- Yes.
- [Judge Judy] Mr. Galicia,

do you recall that conversation?

Um No. Uh I do recall Jimmy coming
out...

Look, right here.

[Christian] I do recall Jimmy coming
out

after Pucca had injured herself.

And um at that time,
that's when I told Jimmy

that Pucca had injured herself
after...

[Judge Judy] No. No.
He asked you what happened.

- Yeah.
- [Judge Judy] He says

- that you told him...
- Uh-hmm.

[Judge Judy]
...that you were doing exercises.

- [Christian] Which is correct.
- And she was very affectionate.

- So you were trying to do push-ups.
- Uh-hmm.

[Judge Judy] And you set her
on the stool

so that she wouldn't be
licking your face or...

Uh-hmm.

[Judge Judy] He says you told him
that?

And I have to disagree with him.

What did you tell him?

- [Christian] I told him...
- He came out.

You remember he came out?

[Christian] Uh-hmm. I told him
that Pucca was running around,

went for the stool,
jumped for the stool,

and as a result, injured herself.

[Judge Judy] That's what you told
him?

Uh-hmm.

Okay. Now, this is my next
question.

So during the time that you were
there,

this incident happened on April 18th.

The dog went to the vet, vet had a
bill.

So you all must have been
present in the house

during conversations that you had
over payment of the bill.

Yes.

[Judge Judy] And there had
to be at some point

other than today, that Mr. Galicia

said that it wasn't his fault,

the dog jumped at the stool.

In what period of time

after the dog was injured

did you have these discussions
in the house,

when he said, "That's not what I said
that I set her up there"?

Or are you telling me
that this is the first time

you're hearing this story?

Well, it's, it's the first time
I'm hearing it being denied

and, you know, f-fabricated.

Okay. Tell me what you heard
on the day it happened.

I was in my room.

- [Judge Judy] No, you told me that.
- Okay.

- [Judge Judy] You told me that.
- Right.

And then you came outside
and you told me what he told you.

Correct.

[Judge Judy] That's a, a different
story

from what he's telling today.

My question to you is,

is today the first time,

'cause you all lived
together for months,

is today the first time

that you heard this different version

of the events of April 18th?

Yes. Today is the first time

I'm hearing a totally different...

- [Judge Judy] Different version?
- ...version. Yes.

[Judge Judy] Okay. How many times

had you discussed as roommates

what happened on that day
after April 18th?

[James] I believe the way it, it went

is that Zoey requested payment

and it wasn't happening.

And so I, you know, being a roommate,

I stepped in and offered to be a
mediator.

I said, "Can I sit down?

Maybe we should have a talk as
roommates,

and just have a discussion."

[Judge Judy] Do you remember
when...

do you remember when that was?

[James] Pinpointing
the exact date, I mean...

[Judge Judy] A month?

Yeah, a few weeks later.

- [Judge Judy] A few weeks later?
- Yeah.

And that was after
repeated attempts of...

[Judge Judy] To get the vet bill
paid?

- Sorry, I was...
- Don't.

- [Zoey] Okay.
- I'm not asking you.

- [Zoey] Oh.
- So you said, "I'm a roommate.

- Maybe I could be a mediator."
- Correct.

Let me hear about this mediation.

[James] It was essentially similar
to what we're doing today.

Zoey explained her feelings,

her situation and Christian
did the same.

[Judge Judy] Well, I want you to
tell me

exactly what Christian said.

[James] It was a discussion of logic.

It was, were you here?

And did you put Pucca on the stool?

Yes or no?"

And when he said yes, we said,

"Well then, what in your mind
makes you think

that after Pucca had the accident,

that you are not liable for that
damage

which you caused?"

- [Judge Judy] Uh-hmm.
- [James] It was a simple discussion.

[Judge Judy] Okay.
And what was his response?

[theme music playing]

It's $2,500 on you

unless one of you wants to
acknowledge

that I was the one
that put the dog on the stool.

Two people don't take a puppy

that weighs three pounds

and put the puppy on a stool.

One genius does that.

[theme music playing]

[announcer] Zoey Mdalel
has accused former roommate,

Christian Galicia
and his friend Margaret Eisen,

of injuring her puppy,

claiming they put the puppy
on a barstool.

Okay. And what was his response?

At the end of the discussion,

I was actually quite surprised

because I felt like
if we can just talk to him rationally

- that he might respond...
- [Judge Judy] Okay.

- So you went through the scenario...
- Yeah.

[Judge Judy] ...of,
"Well, if you acknowledge

that you put Pucca on the stool

and that she fell and was injured,

what logical reason do you have

for not being responsible for her
injury,

ergo, being responsible for the
bill?"

- So that was your argument?
- Yes.

[Judge Judy] And I want you to
think,

if you can, what his response was.

I remember his response.
His response was simply,

"I'm not responsible for it."
That was it.

It was...it was cut and dry.

He didn't explain his situation
or his emotions.

It was just, "I'm not responsible
for it."

- And, you know, that was it.
- [Judge Judy] Okay.

You remember that conversation, sir?

[Christian] I remember having
conversation with them. Yes.

[Judge Judy] Yes.
This sort of mediation intervention,

- you remember that?
- [Christian] Um, yes.

[Judge Judy] That's either a yes or
a no.

Yes.

[Judge Judy] And let me
start by telling you,

I find his version
of what he just said to me

with regard to this mediation,

- I find it not only plausible...
- Uh-hmm.

[Judge Judy] ...but very intelligent,
people sitting down

and trying, as roommates,
to resolve something.

So he said to you, which I believe,

can you uh state a reason why,

given the fact,
that you acknowledged

that you put Pucca on the stool

and she fell off and injured her paw,

what reason do you have

for not feeling that you are
responsible?

That would involve an answer.

Uh-hmm.

[Judge Judy] He says
that your response was,

"I don't feel I'm responsible."

Uh-hmm.

[Judge Judy] Was your answer
more lengthy than that?

I had told them that I did not feel
responsible

because th-the dog had injured
herself.

Um the day of, the dog
was super energetic...

[Judge Judy] I don't want
to hear the day of.

- Okay.
- Is that what you said to him

- at this meeting?
- Yes.

[Judge Judy] You said to him,
"I don't feel I'm responsible

because that day the dog
was super energetic," and...

[Christian] And because um,
originally,

there was no conversation ever held

about me being responsible for the
dog.

I have actual proofs

of Zoey saying that she takes

full responsibility of the dog.

- She wasn't home.
- Yeah. No, this was a...

- [Judge Judy] She wasn't...
- ...was a, a previous text message.

Um I was concerned that my deposit

for the apartment and...

I'm asking you a simple question.

In response to his question,

which I actually believe
that he put to you,

there was no denial of the fact

I didn't put the dog on the stool.

You said, "I just don't feel
responsible."

- No.
- And what you're saying to me is,

- so you did have that discussion?
- Yes.

[Judge Judy] And this is the first
time that you're hearing

this story of the dog jumped for the
stool

instead of being put on a shelf?
This...

[chuckles] Yeah.

- Uh-hmm.
- This is the first time

you're hearing this story?

This is the first time I'm hearing
an alternate version of that story.

[Judge Judy] Okay. Can I see
your vet bills, please?

Uh-hmm.

I just wanted to say that she had to
go

for multiple treatments
over the course of her arm healing,

so that's...
it was not all at one time.

It was over the course
of a couple of months.

No, I just want to see
what the whole total vet bill was.

[Zoey] Yes, Your Honor.

[Judge Judy] Did you add up
these figures?

- [Zoey] Yes. Uh-hmm.
- [Judge Judy] And what are they?

$2,550.25.

- Your bill?
- My?

[Judge Judy] Your bill, unless
either one of you

want to tell me...

- [Christian] Do you have the...
- [Judge Judy] ...that, "It was me

that put the dog on the stool"?

I'm sorry, can you repeat that?

[Judge Judy] It's $2,500 on you,

unless one of you wants to
acknowledge

that I was the one
that put the dog on the stool.

Two people don't take a puppy
that weighs three pounds

and put the puppy on a stool.
One genius does that.

So unless one of you
wants to acknowledge

which one of you geniuses did that,

then you're both responsible
for the vet bill.

Anybody wanna step forward?

No? Judgment for the plaintiff
in the amount of $2,500.

We're finished. Thank you very
much.

[Zoey] Thank you, Your Honor.

- [Kevin] Court is adjourned.
- [theme music playing]

Honestly I'm, I'm very shocked
about the judge's decision.

Well, I'm just really grateful
that she was able to see

that their story was completely
ridiculous

and they were obviously responsible.

Ultimately, it's not our dog

and accidents happens with puppies.

It was horrible and, and once I saw
her and

and the way that her arm looked

and, you know, she was so pathetic
running around with a cast.

We had let her out

because the dog had been crying,

had been whining,
and had been neglected a lot.

It was a horrible experience
and I'm just really glad

that we're finally able to have
someone take some responsibility.

This was a common thing
that she would leave for

hours and hours.

The dog was crying.

Um we didn't feel it was any kind
of wrongdoing

to take her out of the room
and let her out.

I feel like that's the only
sane thing to do,

you know, I mean, we were...
we're roommates,

we're friends, you know,
you caused the incident,

you should...you should
just step up and pay it.

I love Pucca.
She's such an adorable dog.

[Sarah] That case
was a great demonstration

of how common sense and logic

can play a huge role
in your decision-making

on a case, just logically speaking,

what would your gut reaction be?

What would your next question be?

You know, I went back and forth,

as you saw on that case, because
my initial reaction,

I guess I, I was looking for the...
a culprit.

But then I listened to her roommate.

And her roommate was compelling.

He was so clear.

And it clearly would have been
at that point

in the question that the defendant
would have said,

"It's not my fault because the dog
jumped for the stool."

And I believed him when he said

that today was the first time

he articulated that version

of trying to absolve himself
from liability.

And she was fortunate
'cause she had a witness

who was, as I said, very compelling.

Yeah.

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