02x75 - Mini Schnauzer vs. Pit Bull

[bunniefuu]

You were out walking the family dog?

Yes.

The pit bull latched onto my dog,

and my dog was squealing a lot.

My dog is not vicious.

And she likes to play with little dogs.

Clearly, on this day, she didn't like
to play with other dogs.

[narrator]
This is Judy Justice.

♪♪

Audrey Stevens is suing her neighbor,
Heather Stephens,

for vet bills and pain and suffering
after a dog attack.

[bailiff]
Court come to order.

- All rise.
- Have a seat, please.

Hello, Judge.
Case 2139, Stevens versus Stephens.

- Thank you.
- You're welcome.

[Judy]
Although your names sound the same,

they're spelled differently,
and you are clearly not related,

based upon this case.

- You live in the same general area?
- Yes.

[Judy]
Okay. Could you step up?

Tell me your name.

- Emilee Fehringer.
- [Judy] This is your daughter?

Yes.

[Judy] How long have you
been living in your house?

Eight and a half years.

- How old are you?
- Twenty-two.

Tell me what you do.

I work at a bakery right now,
and I'm a full-time college student.

- [Judy] Where do you go to school?
- Idaho State University.

You were out walking the family dog?

- Yes, I was.
- [Judy] Family has one dog?

Just one, yeah.

[Judy]
What kind of dog?

It's a miniature Schnauzer.

Weighs about ten, 12 pounds?

Yeah, around there, 15-ish.

- [Judy] How old is the dog?
- [Emilee] He is nine.

[Judy]
You've had him since he was a puppy?

- Yes.
- [Judy] This case has to do with

injuries that your dog sustained?

- Yes.
- [Judy] And the payment of vet bills

by the defendant, who you allege
has two dogs, unleashed,

that attacked your dog
while you were walking?

- [Emilee] Correct.
- Him.

- Just... one dog.
- One dog.

- [Judy] One?
- One dog attacked our dog.

You have a pit bull?

- Yes, ma'am.
- [Judy] What color?

- White and brown.
- [Judy] How old?

She's five.

Is that the only dog you have?

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

Tell me what date
you were walking the dog

that this incident happened?

July 26th, 2021.

Time?

- Around 8:00 p.m.
- [Judy] Dark?

- No.
- [Judy] Still light out?

Yes, ma'am.

[Judy] Were you
walking in the neighborhood?

I was.
I was walking down the sidewalk,

and I passed the defendant's house,

and I reached the end of the sidewalk.

- [Judy] Your dog's name is what?
- Jax.

- [Judy] On a leash?
- [Emilee] Yes, ma'am.

[Judy]
Do you always walk the dog on a leash?

- We do.
- [Judy] Tell me what happened.

I was walking down the sidewalk,
and I reached the end of the sidewalk.

I was about to cross the street, and...

[Judy]
Do you have a picture or diagram?

- I do. I have a diagram.
- Yes.

May I see it, please?

Oh. Okay. There it is.

Would you go over to the diagram

so that you can point directly,

and I can understand
where this happened?

[Emilee]
I was standing right here,

and I noticed the dog come up
on my left side.

[Judy]
On your left side?

- [Emilee] Yes.
- [Judy] Did you notice

from where the dog came?

It seemed to be out in the street
when it approached me.

[Judy] So it didn't come
from the defendant's house,

- it came from the street?
- [Emilee] Yes.

It had been on the left-hand side of me,

and then, the pit bull latched
onto my dog,

on its leg.

- [Judy] What color pit bull?
- [Emilee] Brown and white.

Was there any fighting
or a scuffle before?

No, ma'am. It just ran up to me,

and it latched onto my dog's leg,
and it picked my dog up,

and was yanking it around
in the air.

And it was very loud,
and my dog was squealing a lot,

and crying out very loudly,

so I yanked his leash,

so that I didn't have to bend down
and get hurt myself.

And I picked him up, and I ran back...

So you yanked him up by his leash?

- I did.
- [Judy] Okay.

Did he have, what kind of a collar on?

A regular collar
or one of those harnesses?

We have both, so I'm not sure
which one he was wearing at that time.

But I believe he was wearing the collar.

- Just the collar?
- Yes.

- So you lifted him up by the collar?
- Yes.

[Judy] Did you see
where the the dog went?

I do not remember.

I think the pit bull ran back
into the defendant's household.

But you're not sure?

I'm not sure.

What did you do next?

- We took the dog to the animal hospital.
- Okay.

You can go back now.

- Stand close to your mom.
- [Emilee] Sorry.

Had you ever seen this dog before?

I have.

[Judy]
Where had you seen the dog before?

[Emilee]
I've seen the pit bull

in multiple places
around the neighborhood.

- I've seen it...
- That same dog?

Yes.

I've seen it across the street,

in the... across-the-street
neighbor's yard,

and I've also seen it in my yard,

and it's also been
next to my chain link fence before.

Did you, or you, Ms. Stevens,
ever have a conversation

with the defendant
about the dog being unleashed?

I have not spoken to her at all.

[Judy] For how long
have you seen her unleashed dog

out and about?

Probably about ten times.

[Judy] Have you ever said anything
to your mother

- about seeing this dog outside?
- I have.

Okay... I'm listening.

Yes, ma'am.
May I show you on the...

- [Judy] Absolutely.
- on the diagram? Thank you.

Absolutely.

[Heather] Okay.

First of all...

[Judy]
Don't-don't tell me "First of all."

- Okay.
- [Judy] Were you there

at approximately 8:00 p.m. on July 26th?

- Correct. I was.
- [Judy] Okay, where were you?

Show me where you were.

I was right here.

I was loading a fridge into my home.

I had my dog right here,
in the middle of the driveway,

chained to the fence. Okay?

She came from across the crosswalk here,

because I have a witness,
as well, to show...

she came from the crosswalk
with her dog in front of her.

She came across,
right into my driveway,

the dog went into my driveway,

and my dog went up to her,
and they began to fight.

- You're going like this.
- [Heather] Uh-huh. Yeah.

You're going like this.

I don't want you to go like this.

- Okay.
- [Judy] So your dog

- was on a chain...
- [Heather] Yes, ma'am.

[Judy]
...a chain that extended

- almost to the end of your driveway?
- Correct.

[Judy] So show me exactly,
with your finger,

- Okay.
- [Judy] where,

where you say this confrontation

between the pit bull
and the Schnauzer took place?

Right here, ma'am.

[Judy] Well, you're pointing
to about a f...

well, you... now, you keep
moving your finger.

Right here.

You know that I don't believe

that your dog hasn't been out
and about in the neighborhood

- unleashed?
- No, ma'am.

I don't let my dog off a leash.

We do have pictures of the dog as well,

- if you'd like to see those?
- [Judy] Oh, do you?

- Yes.
- You mean, out and about?

- Yes.
- I'd like to see that.

[narrator]
Audrey Stevens claims her neighbor,

Heather Stephens,

owes for vet bills after her dog
was injured by Heather's pit bull.

Now you're moving your fingers.

So you're saying it's right
at the end of your driveway?

- Yes, ma'am.
- [Judy] Just a second.

- It was up further five seconds ago.
- [Heather] Okay.

- Now you...
- [Heather] My dog was right here, ma'am.

- Yeah.
- The fight occurred right here.

Well, now your finger
is at a different place, madam.

I'm just letting you know,

your finger moves up the driveway.

- Right, I'd say right here.
- [Judy] Okay.

Yes, ma'am.

You know that I don't believe that.

I know you don't believe that, Your Honor,
but that's what happened.

[Judy]
You know that I don't believe

that your dog hasn't been out and about
in the neighborhood?

Do you know that I don't believe that?

I don't think she's lying to me

that your dog's been out and about
in the neighborhood, unleashed.

No, ma'am.
I don't let my dog off a leash.

We do have pictures of the dog as well.

If you'd like to see those.

- Oh, do you?
- [Emilee and Heather] Yes.

You mean out and about?

- Yes.
- [Judy] I'd like to see that.

- [Heather] And this is after...
- Shh! Shh!

- [Heather] Sorry.
- I don't care before or after.

She just said, "I don't let my dog
go out without a leash."

[Audrey]
Well, this is the injury...

[Judy] Ms. Stephens,
these pictures belie the fact

that your dog is out leashed only.

Do you want to see the photographs?

Yes, ma'am, please.

Yes, Your Honor, I do see that,

but I was outside
with my dog at that time...

I don't care whether you were outside
with your dog or not,

you said your dog is never out
without a leash.

That's not true.
That's not true.

Were you a witness to this?

- Yes, ma'am.
- [Judy] Be very careful.

Do you understand?

[Karen]
Yes, ma'am.

[Judy]
Tell me your name.

My name is Karen Brennan.

[Judy]
Are you a neighbor?

- No, I'm a friend.
- [Judy] A friend of who's?

Of Heather Stephens.

Go ahead.

- [Karen] W... On that day...
- On what day?

On July 26th,
I was helping Heather with the fridge.

- [Judy] With what?
- With the refrigerator.

And I was approaching the driveway...

[Judy] Just a second,
you were helping her

with the refrigerator, doing what?

Bringing the dolly out,
so it could be moved.

Bringing the dolly out from where?

- From the side of the house.
- [Judy] And?

And I looked over,
and I saw the little dog,

- and it caught my eye...
- [Judy] You saw what?

[Karen]
The little dog, and it caught my eye,

because every time before,
and, you know, anytime I put the dog out,

Ms. Stephens' dog,

that that little dog,
if it was in the back yard,

would continually bark at...

Just a second.
Did you put the dog out that day?

No, I did not that day.

- But I recognized the dog.
- [Judy] So you did not

- put the dog out...
- No.

- that day?
- Not that day.

Okay. What time did you get
to Ms. Stephens' house?

Um, mid-afternoon.

[Judy]
What's her dog's name?

- Lilly.
- Was Lilly chained to the fence

- all afternoon?
- [Karen] When we were...

[shushing]
Was Lilly chained to the fence

all afternoon?
That's either a yes or a no.

When you were there.

That's either a yes or a no.

Was Lilly chained to the fence
all afternoon when you were there?

You said you got there mid-afternoon.
This happened at eight o'clock.

Was the dog chained to the fence
all the time you were there?

- Yes or a no? Or I don't know.
- No.

- No?
- [Judy] No.

Where was the dog?

In the backyard.

[Judy]
Until what time?

Until around seven, seven-ish

or so, I don't know the exact time.

- But it was mid-evening.
- [Judy] Okay.

And what happened at that time,
when the dog was moved

from the backyard
outside of the backyard?

Who moved the dog?

- We went to go get the refrigerator...
- [Judy] No, no, no.

Who moved the dog?

Heather did.

[Judy]
She took the dog from the backyard...

- Yes.
- [Judy] Just a second,

So the backyard to the driveway...

Just to... to the driveway,

'cause that's where she pointed out
that the dog was chained

to the driveway fence.

[Karen] Yes.

When we came back from the...

We went to go get the refrigerator...

[Judy] Just a minute.
What... You didn't tell me,

- So you left the house.
- Yes.

[Judy]
What time did you leave the house?

[Karen]
Mid-afternoon. It was, like...

- [Judy] What time?
- Approximately four or five.

[Judy]
Okay. And the dog at that time was where?

With us, in the vehicle.

So, you had the dog in the car.
So, the dog was in the backyard...

- [Karen] Yes.
- And then, from the backyard,

the dog went with you,
in the car?

- Correct.
- [Judy] And then what?

And then we picked up the refrigerator,
and we came back

And then, she had chained her...

[Judy]
Okay. So, from the car...

From the car, the dog went
to the fence.

Which is chained sort of midway
up the fence,

according to the defendant,

- sort of midway up the driveway,
- [Karen] Correct.

[Judy]
is where she chained the dog?

- Correct.
- [Judy] Is that correct?

- Correct.
- [Judy] Then where did you go?

And then I went to go get the dolly

and bring it around
so we could get the fridge.

[Judy] Okay, and where
did Ms. Stephens stay?

She was in the driveway.

And it was when you were coming
out of the backyard

that you saw Ms. Stephens in the driveway?

- Yes.
- [Judy] And saw the little dog?

- Yes.
- She was in the driveway?

Was she next to the dog?

Go over there and point out where she was,
would you, in the driveway?

- She was, uh...
- [Judy] She? Ms. Stephens?

That Ms. Stephens, yes.

- [Judy] Your friend?
- [Karen] Yes.

Was right in the middle of the driveway,
near where the dog was chained?

- Yes.
- [Judy] And show me

where the defendant's house is,
'cause you had been in the house

earlier that day.

Point on that diagram where the house is.

- Right here.
- [Judy] Where it says "defendant"?

- Yes.
- [Judy] That's the whole house.

And where's the front door?

- Right here.
- [Judy] Up there?

And where's the porch on the front door?

- Right there.
- [Judy] Okay.

Now, that's not where she was,
she was in the driveway?

- Correct.
- [Judy] Okay, now go back.

Now I'm gonna read to you
what your friend, Ms. Stephens, wrote,

and swore to in her answer.

"I was standing on the porch,
maneuvering the fridge inside,

and I saw a little dog sniffing around
and walking up my driveway."

She said she was on the porch.

- Well, she was back...
- [Judy shushing]

That's where she said she was,
on the porch.

"I know the plaintiff's dog is a barker,

since it has come
to the backside of my property

and barked at my dog through the fence.

The dog walked all the way
up the driveway to where my dog was."

[Judy]
Now, you want to think back.

Ms. Stephens says she was standing
on the porch.

You were very certain
she was standing mid-driveway

right near her dog.

Which one is it?

Well, we were trying
to maneuver the fridge...

No, no, no, no, no, no, no,
no, no, no, no, no, no.

Which one is it?

Was she on the porch,

which is all the way at the other end,

- [Karen] Yes.
- or was she mid-driveway?

- Mid-driveway.
- [Judy] She was mid-driveway?

- Yes.
- [Judy] So, Ms. Stephens

lied when she said she was on the porch?

I didn't look at a police report,
listened to your...

- It's all one-sided.
- [Judy] I listened to you...

Yes, Your Honor.

and I listened to your witness.

- Yes.
- And you and the witness that you brought

told two divergent stories.

Two totally different stories.

She was your witness.

[narrator]
Audrey Stevens is accusing her neighbor,

Heather Stephens,

of losing control of her pit bull.

Heather claims Audrey's dog
ran onto her property.

So, Ms. Stephens lied when she said
she was on the porch.

That's what she says in her answer.

"I was on the porch when this happened."

- When, when I...
- [Judy] Do you understand?

- Yes.
- [Judy] Sit.

Can I see your vet bills, please?

Your Honor, I have a video of my dog.

Can we present the video
that I have brought?

- You mean, for that day?
- Yes, ma'am... Oh, not for that day.

No, not for that day, but just to show you
that my dog is not vicious.

That she likes to play with little dogs.

Clearly, not on this day,
she didn't like to play with other dogs.

That dog is constantly barking at my dog
in the backyard, and that's the only...

my dog loves dogs.

- I have her obedience record...
- [Judy] Ms. Stephens,

- Ms. Stephens?
- Yes?

[Judy]
I want you to understand something.

- Yes, ma'am.
- Whether the Schnauzer is a barker,

or not a barker,
I told you I didn't believe you

when you told me that her dog
was off leash,

I didn't believe that.

Either you or your witness lied.
I don't know which one.

So, I'm gonna have to assume
it was your witness.

Do you want me to assume
it was your witness or you?

One of you lied.

She says you were
at a totally different place,

she was coming out from the backyard,
that's where she was.

She had gone to get the dolly.

You said you were maneuvering
the refrigerator up on the porch.

Yes, ma'am.

[Judy]
Heh. Well, who is telling me the truth?

- You want to tell me?
- It was a very hectic day...

- [Judy] It was a very hectic day.
- Yes.

[Judy]
And I have photographs of your dogs,

despite the fact that you tell me

that your dog is never off leash.

Always on leash, I have three photographs,

taken three different times, of your dog,

being off leash.

Now, there's no question
that your dog caused the injuries

to the dog.

This has been going on
for over a year in court.

They dismissed it in criminal court.

And there's a reason
why they dismissed it.

- I...
- [Judy] Just a second.

- [Heather] Yes, ma'am?
- You're gonna try to tell me

why they dismissed the case
in criminal court?

You have a document?

I mean, I understand
that they filed a criminal case

- against you.
- [Heather] There was a criminal case

- that was dismissed, Your Honor.
- [Judy] That's okay.

That has nothing to do
with this civil proceeding.

You know, somebody may not
want to put you in jail

because you let your pit bull
roam around without a leash.

Somebody may not want to put you in jail,

but you are clearly responsible
for this dog's injuries.

You are. If you have a pit bull,

and pit bulls can be dangerous dogs,

they can turn on a dime
and cause serious injury.

Pit bull lovers:
I don't want to hear from you.

I've been going through it for 25 years.

Some of them are nice,
some of them are not nice.

But when they're not nice,
and they turn,

they have configurations that can cause
a great deal of injury.

One k*lled a woman
who was babysitting for it.

- I understand, Your Honor.
- [Judy] You... Do...

[Judy]
So you do understand? You do...

I believe... may I say something?

I believe a dog is how it was raised.

Okay? I've raised that dog from a baby.

She's not...
She's never been mean like that.

That dog, that lives next door,

which is Ms. Stevens' dog,

yaps at my dog every single day
she goes outside.

Yaps, yaps, yaps, yaps at her.

[Judy]
So what you're telling me is your dog...

[chuckling]
S-so... if what you're telling me

is that your dog had the right
to be aggravated

because the dog yaps at her
all the time,

that's not a reason to let any dog,

but especially a dog that has potential
to cause injury

out without a leash,
and you do that regularly.

And you can't do that.

Your Honor, can I also add
that I did have a brief interaction

with Ms. Stephens
on the day that it occurred?

And it seemed like she did
come out of the street with the dog.

I don't believe she was in the driveway.

She offered help for me.

- [Judy] She did?
- Yes, before I went home.

- [Judy] Where was she?
- Not to interrupt, but I...

We also have video of her
acknowledging fault

with the...the officer's body cam video.

What is that?

Um, they have a body cam on
when he was talking to her,

when she said she's really sorry,
and she's going to pay the vet bill.

[Judy]
Oh. May I see that, please?

I was getting ready
to take her for a walk.

We were moving in a fridge.

Oh, okay.

And she jumped out of the car
when she seen that little dog,

'cause I was getting ready to get
in the car and... gotcha...

right on the corner here...

Okay... so were they just
across the street, then?

No, they were right here.

They were just here
right on the sidewalk. Okay.

I'm, well, if I'm going
to pay the bill, I know...

and whatever I got to do.

Yeah, so she's down at the clinic now...

It was a bite on her,
on the shoulder, I think...

on the shoulder?

- Yeah.
- Okay.

And he, she was just protecting me...

sure.

That's all.
And I'll pay the bill.

- Then you're responsible for it so...
- And I want to apologize.

- Sure.
- I feel bad.

[Heather]
I...I do feel bad about it.

I do love d... I'm a dog lover.

And I do feel bad.

And I believe she just said,
the defendant just said

that she was in the street
when that happened.

It was in my driveway
that it happened, Your Honor.

I'm just saying...
we want to be honest in court.

[Judy]
Was the dog...

was your dog on a chain?

My dog was on a chain, Your Honor.

Another thing, I never got my side
of the story added to that at all,

it was all one-sided.

The whole police report
was one-sided, Your Honor.

- I didn't look at a police report, madam.
- [Emilee] I have one right here...

Shh, just a second.
I didn't look at a police report,

I listened to your...
I listened to you...

Yes, Your Honor.

[Judy]
And I listened to your witness.

- Yes.
- [Judy] And you

and the witness that you brought
told two divergent stories,

two totally different stories.

She was your witness.

- Yes.
- [Judy] Easily confused,

but she was your witness,
and you should have prepared her better,

consistent with what your answer was.
Do you understand?

- Yes, Your Honor, I wasn't...
- [Judy] Very, very good. Okay.

Pain and suffering, unfortunately,

is not yours.

If you had had injury to yourself,

and I think that the law
is a little crazy there,

but we can't gauge pain and suffering
for an animal.

Anyway, your vet bills were $435.

Your Honor, we just added that
just because, you know...

- [Judy] I understand.
- Blatant disregard,

and sh... and the dog's still out
all the time.

[Judy]
Oh, no, excuse me.

The total with tax was $441.
Judgement for the plaintiff.

- Thank you very much.
- Thank you.

[bailiff]
This court is adjourned.

It's been a struggle, just because
of how long it's been going on.

It was a crazy day.

The dog almost got
to our dog's leg bone,

- and broke it.
- 'Cause the dog is always yapping

- at my dog.
- It was pretty scary.

So, it surprised me that that happened.

He was bleeding and everything.

She's not vicious whatsoever.

We ran him up to the hospital.

The Animal Control never came to my house.

I had a feeling that Judy
would see right through her, so...

I love dogs,
and I felt sorry for the little dog.

I'm happy about the settlement,
and how we got our money.

I'm not even get on my soapbox

with regard to dogs
that are potentially dangerous.

There's no question that this lady
has a dog that she's had from a puppy,

and she... the dog has never
caused her any difficulty.

But there's also no question that
she lets that dog out without a leash.

I mean, they had proof
of different occasions

of the dog out and about.

- After... this happened.
- [Sarah] After this incident.

After this incident.

So, you can...
I think that's also a great lesson,

that you can feel bad
and be an animal lover,

and want to take care of the bill,

but if you don't take
any subsequent remedial measures

to fix your bad behavior
that caused this great deal of injury,

then I don't really believe you,
that you feel sorry,

or that you're a dog lover.

Well, that's an... [chuckling]
that's an interesting perspective.

Yeah.
I mean, you knew what you had to do

to ensure the safety of the dogs
and other people in your neighborhood,

and you chose not to do that, so...

- After it had already...
- [Sarah] Yeah.

- had an incident.
- Exactly.

- [Judy] At least one.
- Yeah.

[narrator]
Want justice?



[♪ closing theme plays]