02x86 - Cat Fight

[bunniefuu]

This was a terrible incident.

Um, he started screaming in my face.

And I told him that he needed to leave
and he wasn't.

[crying] Sorry. [sniffles]

Just take a minute.

They're lying.

You were belligerent and you were angry.

Yes.

You didn't act smart.

[narrator] This is Judy Justice.

[theme music plays]

John Wheet is suing vet assistants
Heather Shilling and Hannah Hensley

for damages from an as*ault.

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

Have a seat, please.

- Case 21-22, Wheet/ Shilling, Hensley.
- Thank you.

You're welcome.

[Judy] Mr. Wheet, it is your claim
that the defendants assaulted you.

Yes, Your Honor.

And this is what I gather
from reading your complaint.

On August 10th of this year,

your cat was injured.
How was your cat injured?

That I don't know. The morning
of August 10th, I had let him outside.

When he came back in,
he was acting peculiar.

I picked him up and noticed
that he had two long, deep gashes

between his chest and stomach.

At what time was this?

Approximately 10:45, 10:30.

[Judy] And the Defendants work at the vet
where you have taken the cat before?

Not this particular cat.
I have three cats total.

And I had good service from them, so I...

- [Judy] So...
- Naturally, I went back.

They work at a vet
where you had taken an animal,

- maybe not this one, before?
- Correct.

So, at that time,
you put the cat in the car

and drove over
to where the vet's office is?

Yes.

[Judy] And during that time,

they had a COVID protocol
in the vet's office.

And the protocol, I assume...
Correct me if I'm wrong.

Because I know I've taken my pets
to the vet during COVID.

You get to the parking lot, you call,

they come out,
they check in the animal and what's wrong,

and then they come out
when someone is ready to see the animal.

They bring them inside.
You don't come into the office.

- Is that your protocol?
- Correct.

Is that your COVID protocol?

It was in a couple vets
where I took our dogs.

- Were you aware of that protocol?
- No, Your Honor, not at all.

So, tell me what happened
when you got to the vet's office?

- Is there a parking lot?
- [John] There is. I...

There was one other vehicle there
pulled up in the front of the door.

The very first...

The papers indicate there is a chart

or video of the parking lot.
Is that correct?

We drew a diagram that they based that on.

[Judy] Okay.

So, that would be a fair representation,
sir, of the vet clinic,

and there are parking spaces
in front of it?

- I believe so.
- Where did you park?

- [Judy] Yes, please.
- My car...

I'm assuming, at this point,
the main door is approximately over here.

Okay.

The vehicle
that I was mentioning is parked here.

And I was parked here.

- But you were parked right in front?
- Yes.

- Okay. Is that right?
- Yes.

[Judy] Great.

Okay, so what happened when you got there?

Well, I walked around the back of the car,
got the cat out.

He was in the passenger seat
in the cat carrier.

And I went immediately up to the door,
and I don't know the defendants' names,

but the younger of the two,
she was already out front with a...

- The young lady in the blue sweater?
- Yes.

- Is that who you're talking about?
- Yes.

- [Judy] What is your last name?
- Hensley.

- [Judy] Miss Hensley.
- She was already outside with a customer.

- Your Honor, that wasn't...
- Shh! Don't. Don't.

- Okay.
- Don't speak.

Okay, so you say Miss Hensley
was already outside with another patient?

I thought it was Miss Hensley.

It could have been another lady
that worked there

but was similar in youth and...

Okay. So, somebody came out
and was talking to another...

They were already there.

So, they stopped me.
I was proceeding up to the door.

And like I say, I have pictures
of the signage that they have.

So, you can't read the signage
until you get right up on top of it.

Okay, so you went to the door,
and what happened?

- I went to go in, and I was stopped.
- [Judy] By whom?

- The lady that was outside.
- Okay.

And the person
who was outside stopped you.

And said that you couldn't go in,
so I stopped.

I told them that it was an emergency.
That my cat was injured.

- You told the lady outside?
- The lady outside. Absolutely.

I told them he was injured

and that he needed
to see somebody immediately, the vet,

and they suggested that I needed to call,

and I couldn't understand
because I was already there.

I said, "Can't you go inside
and let them know I was here?"

That seemed reasonable to me.

What they told you was
to get back in your car with the cat...

- No.
- And call the...

- No.
- Or just call?

- Just call, so I said...
- So, she was talking to the person.

Who I assume was a female
because you say Miss Hensley.

Miss Hensley, or someone resembling her.

They were taking care
of another patient that was outside?

Yeah, they stopped me before I got...

- [Judy] And said, "Stop. Call"?
- Correct.

Right? And you were upset. You said,

"Well, why can't you just go inside
and tell them I'm here?"

- [John] Yeah, the...
- Because she was with somebody else.

Well, it appeared to me
that they were done.

- Okay, I don't care what appeared to...
- But yeah...

She was outside with somebody else.
She told you to call. What happened next?

Well, I set the cat down,

and I actually sat
on the concrete and waited.

- That person...
- [Judy] Waited for what?

That person left.

As soon as they got done talking with me,
they went into the building.

And I waited about five minutes.

And then I guess it was Miss Hensley, now.

She came out and asked me now
if I had an appointment.

My cat's name. I said no.

And I told her...
I said no. It was an emergency.

and then she told me at that time
that there was no vet on duty.

And so, then that's when I got up.
I was upset.

I said that I needed to leave.
I did use an expletive.

What did you say?

Well, I said I needed to get the F
out of there so I could get some help.

- [Judy] Okay.
- And then I was... I picked up my cat.

In the carrier.
And I was proceeding to leave.

- [Judy] And?
- That's when the other plaintiff...

[Judy] Miss Shilling came out.

And she confronted me,
and she started into a huge rant

about how she wasn't gonna stand there
and listen to this or whatever.

- Were you shouting at Miss Hensley?
- No. No.

[Judy] No. She told you
there was no vet on duty.

- [John] Right.
- And you got up.

And you said,
"I'm going to get the beep out of here."

- [John] Correct.
- That's it?

Yeah, the fact
that I had waited five minutes.

I was, you know... It was upsetting.

- So then, when she...
- [Judy] Miss Shilling came out, and...

She started into a huge rant.

What did she say?
Rant is a conclusion. What did she say?

Well, she had her voice raised.
She was shouting at me.

What did she say?

She said
that she wasn't gonna stand there

and let me say things to this other woman.

So, then I just looked at her,
and I told her, basically, to shut up.

- So, um...
- Is that what you said to her?

I told her to shut the F up.

[Judy] Okay, so you,
again, used an expletive.

- Yes. There was no reason for her...
- Shh!

- I'm just asking you what happened.
- Yes.

- [Judy] So, you told her to shut up?
- [John] I did.

- [Judy] And?
- That's when she came over.

She was probably about three feet away.

And she stepped right over into me,
and she put her body on mine.

So, she stepped right into me,
pushed me back with her body,

and she told me, "I'm not afraid of you.
I'm not intimidated by you."

And I told her, "Don't touch me."

"Get off of me."

And I told her twice, and she never moved.

I put my cat down,
and I moved her off of me.

- What do you mean, I...?
- I just... I pushed her back off of me.

You put your hands on her?

She was already on me.

[Judy] How was she on you, sir?
What physical part of the defendant?

Her chest, her entire body,
was leaning on me.

At that point. She body-checked me.

I'd like you to go over there

and show me where Miss Shilling came out

and where the three of you were standing.

- Okay. I have pictures as well.
- Okay.

- So, here being the front door.
- [Judy] Yeah, right.

And here was the box where I was sitting.

When I picked up the cat,
I moved over to here.

When she came out the door,
she was approximately here.

And then, she moved over to me

and put her body on mine.

If... When Miss Hensley came out
and told you there was no vet,

why didn't you just get into your car?

I was leaving.

Well, when she came out,
why didn't you just go into your car?

No, no. The first lady I encountered
never told me there was no vet.

No, no, no. I understand that.
When Miss Hensley came out

and told you there was no vet,
why didn't you just get into your car?

I was leaving. I had picked up my cat
and literally was walking away.

I'd walked from here
to approximately here.

In that meantime, she came out,
and I had my back to her at first,

and she started to yell.

- He wasn't. He was yelling in my face.
- Shh! Just a second.

I'm gonna let you have a turn
as soon as he's finished. Go ahead.

She started to yell at me,
and that's when I told her.

Okay. Go back.

- Thank you.
- [Judy] Then what happened?

Now she put her body on you.

You put both hands on her
and pushed her back.

- To push her off of me.
- Then what happened?

[John] Then she struck me.

- [Judy] How did she strike you?
- With her open hand.

- Where did she strike you?
- On my face.

Okay, when you pushed her,
she slapped you.

- She did.
- And next?

And then the other one slapped me.

She reached over her shoulder
and slapped me.

- [Judy] Okay, on the face?
- [John] On the face.

- And then?
- And then we started to argue.

And it was just yelling back and forth.

Then that gentleman
came out of the vehicle

that was in that first spot,

and he kind of defused the engagement,

and that's when she told me,
"Just leave. Leave."

I felt safe enough to turn at that point,

and I went and put my cat back in the car,

and that's when the lady in the blue
ran behind my car,

said, "Don't let him leave."

Ran behind my car
and placed her body on my car.

- [Judy] And?
- And that's when I told her...

I said, "You can't keep me..."

"You can't detain me here.
I'm going to take my cat someplace

where I can get him some medical."

And I moved her away from my car.

- [Judy] How did you move her?
- With my hands.

- [Judy] So you... Okay.
- Open hands.

That's when she turned
and struck me with her fist.

Broke my glasses. Gave me a black eye.

I was defending myself at that point.
I had my hands up. She was...

I'm all cut up on this...

That's when I finally grabbed her
by her hair and pulled her off of me.

Which one did you grab by the hair?

The brunette.

What was he saying to you?

Sorry. It's a lot, reliving it.

He started screaming in my face,

and I don't even remember... I'm so sorry.

I don't remember
exactly what he was saying.

It was really scary. That's all I know.

[theme music playing]

[narrator] John Wheet
claims vet assistants

Heather Shilling
and Hannah Hensley owe for damages

after he was assaulted in the parking lot.

Okay. Now, prior to her going
behind your car,

you had had
no physical interaction with her.

- With Miss...
- Other than her hitting me.

- [Judy] She slapped you?
- Correct.

Okay. Got it. Okay.
Miss Hensley, you came out at some point?

- Mm-hmm.
- What do you do for the vet?

I am a vet assistant.

- How long have you worked for the vet?
- Like a year and a half.

- You've worked for them all during COVID?
- Yes.

Is this the first incident that you've had
while you've been working at this vet?

Yes.

- How long have you been working there?
- Ten years now.

Have you ever had
another incident like this?

- Either during COVID or before?
- Not like this, Your Honor.

I've had to call the police before.
We've had threats.

We've had people shouting, of course.

Animals bring out emotions.
But never has anything ever been physical.

Did you know Mr. Wheet
from prior visits with other cats?

I did not. I do know
that we had seen one cat once before.

And that actually was during COVID.

- [Judy] During COVID?
- Yes.

So you checked,
and it was the same COVID protocol?

Yes. We've had the same protocol for...
since COVID started.

Okay, so the last time
you took a cat there,

you were familiar with the COVID protocol.

- Think about what you're saying to me.
- [John] Okay.

The last time you took a cat there
was during COVID,

so you were familiar
with the COVID protocol.

I believe I might have called
before I went there.

And you waited in the parking lot.
Somebody came out, took the cat inside...

- I believe so.
- [Judy] And that's the protocol.

And the reason
that you didn't do that this time

is because you felt
as if it was an emergency.

Yeah, I was not aware of any protocol.

- Yes, you were.
- No.

Oh, yes. Of course you were.

Of course you were aware
of the protocol, sir.

The woman outside told you
there was a protocol.

She said you have to call first,

and she was speaking to somebody
out in the parking lot.

You've had animals for a long time.
When I go to the vet,

there usually isn't somebody
in the parking lot.

You know that there's a protocol

because you know somebody else
was out there talking to a patient

and said to you, "You have to call first."

- After... Yes.
- And said, "You have to call first."

Now, you want to tell me what happened
when you first interacted with him?

Yes, so he was sitting outside,

so I went out and told him
that he'd have to call to check in.

That we were curbside,
and he said he wasn't calling anybody.

And I told him I was very sorry.
That was not how we ran things.

That he had to check in over the phone,
and we'd come out and bring in his cat.

He said he wasn't doing that.
That he wanted to see a doctor then.

And was like, "We cannot do that."

Then I asked him,
did he have an appointment?

What's the cat's name.
I'm not even sure what we're dealing with.

I need to get an idea
of what we're dealing with.

And I think he said
the name of the cat was Pebbles.

I don't know. I'm not sure.

I asked if he had an appointment.
He said no.

And then I asked him what was wrong,
and he said, "The cat's bleeding out."

"She's dying."
Something along the lines of that.

Screamed at my face.

And so I said, "Sir, I'm so sorry.
You need to go to an emergency clinic."

"We don't have a vet today."

Then he started screaming in my face.
Got up screaming in my face.

- "F you. F this."
- Just a second. Was there a vet there?

No, we were doing tech appointments
that day, so just, like, nail trims.

Things like that.
Things we can do without a doctor.

- So there was no vet there?
- Yeah, there was no vet.

So, you told him,
"You have to go to an emergency room?"

- [Hannah] Yes.
- [Judy] When you said there was shouting.

What was he saying to you?

- He was basically saying, "F you."
- No, not basically.

It happened a long time ago, so honestly,
I don't remember the exact words.

Okay, so you don't remember
exactly what he said to you. He was angry?

Okay, he sort of acknowledges
that he was angry.

- Then what happened?
- I'm sorry. It's a lot, reliving it.

I'm sorry. [sniffs]

I'm sorry. Um.

He started screaming in my face that...

we weren't helping.

And that he would be leaving,
but he was still screaming in my face.

And I don't even remember... I'm so sorry.

I don't remember
exactly what he was saying.

[Judy] Just take a minute.

It was really scary. That's all I know.
[crying]

I told him he needed to leave
and he wasn't.

That's when Heather finally came out.

And told him he needed to leave.
She got between us and was like,

"Sir, you need to leave now."
And kept saying, "You need to leave now."

And he kept screaming in our faces,

and she was like,
"I won't have you screaming at my girls."

That's what he's referring to
when she got into his face.

She did step into his face
to push him away

because he needed to leave,

and she said, "You're not gonna be
screaming at my girls."

He still was being belligerent,
not leaving.

At that point, he spit in my face,
and that's what caused me to shove him.

- [Hannah] And then he...
- [Judy] When you said...

We'll stop for a second. You came outside
because you heard an altercation.

- Yes.
- What happened when you came outside?

So, I did come at them.
I stood in between the two of them.

I told him he needed to leave.
He needed to leave now.

Um, I told him I wasn't going to have him
talking to my girls like that.

That wasn't appropriate.
He needed to leave.

And he was still shouting,
and then that's when he spit in my face.

And then I did push him away
to get back from me.

And he stepped forward.
I did smack him with an open hand.

And then he pushed me.

And what he's leaving out
is he actually grabbed my scrub top.

And he was pulling on my scrub top.

And that's why Hannah had stepped back in.

She tried to get his arm off,

which probably
is where the scratches came from.

And he grabbed her scrub top
at the same time,

so there was more contact than was...

[Judy] Where was the cat?

The cat was actually behind me.
He had left the cat there.

Sounds like a little bit more,
Mr. Wheet, than what you told me.

- In your narrative.
- No, no. They're lying.

First off, she said that...

When she just admitted to the fact
that she told me that I needed to call.

And that's the first thing I said
when I came and pulled up

is that the person I met outside
at the beginning told me...

- That wasn't the lie.
- ...I needed to call.

[Judy] Shh. Yes?

[John] And she just said
she told me that I needed to call.

There would've been no reason
for the second person to come out

and tell me that I needed to call.

At that point,
they came out and told me...

Asked me if I had an appointment.
And I said no.

That it was an emergency.
I had my cat the entire time with me

until I put him down
in order to push her off of me.

That's the only time I put my cat down,
and he was next to me the whole time.

I would not have left my cat
between her and me.

Mr. Wheet, these people have been
in business for a very long time.

Is it just possible, sir,
that because of the circumstances

and you were there with a cat
who was bleeding out,

that you were high energy

and maybe not totally composed?

I mean, I have two people working...

At least one who's worked
for the same vet for ten years.

You've used this vet before.

You haven't had a problem
with this vet before,

and she's been there ten years.
And I assume that...

At least she tells me she's never had
an incident like this before.

So, I can actually imagine.

You know, I'm trying to put myself here.

Somebody comes out and says to you,
"We don't have a vet on duty."

Which you probably didn't believe
at the moment.

No, I did.

[Judy] Well, if you believed
there was no vet on duty,

why didn't you just walk into your car?
Why did you say anything to her?

Why did you use an expletive?

Why was there any need
to have any communication at all with her?

If there's no vet here.
"Okay, I better get my animal to..."

Well, Your Honor, when I first pulled in
and I had that conversation

with whoever that worked there...

And I'll use that term loosely. Whoever.
They knew what I was there for.

Don't tell me what anybody else knew, sir.

You were not told there was no vet inside
by the first person that you encountered?

No, that's wrong.

No, I was absolutely right, sir,
in what I said to you.

So say, "Yes, ma'am."

Yes, ma'am.

Right.

[theme music playing]

[narrator] John Wheet
has accused vet assistants

Heather Shilling and Hannah Hensley

of injuring him after an as*ault
in the parking lot.

- [Judy] Go ahead.
- I explained that it was an emergency.

One second. The person you were talking to
you just told me was dealing

with another client
who had another animal in the parking lot.

- I told them it was an emergency.
- [Judy] Okay.

Well, you know, one man's emergency
is not... How is the cat?

- Now?
- Yes.

The cat's fine from that injury,
but he's blind now.

Well, fine from that injury.

- Did you get the cat to a vet?
- I did.

- How far away?
- Twenty minutes.

- And what did they do to the cat?
- Clean and suture.

- And you took him home?
- I did.

- And you took him the same day?
- I did. Um... Yes.

And when you went to the second vet,
it was an emergency vet?

It was.

- Did they have a curbside arrangement?
- No.

- They did not? Had you called them?
- No. No.

If you drove...
You mean you drove 20 minutes

not knowing
if they could get to see a vet.

- They're open.
- How do you know?

I've been there many times.

[chuckles] Mr. Wheet, do you think
that I think that you drove with your cat

without calling first to see
if they were open and a vet there

when they'd already told you
their vet wasn't there?

Why would I get in the car?
I'd at least call.

The only other vet
that's available right there.

Well, how do you know
that vet was available?

I've never been there where they've not.

Okay, do you have any medical records
for me to see?

- Of your injuries. I'd like to see...
- Of my injuries?

- Yeah.
- No.

- I'd like to see them.
- I have pictures of my injuries.

I'd like to see that.

Miss Shilling said
that you spit in her face.

- Is that true?
- That's not true, Your Honor.

I don't have any lower teeth.

When she was in my face yelling at me
and I was yelling back at her,

that's when she made that accusation.

It was more than just a little bit
of spittle, Your Honor.

- [Judy] It was what?
- More than just a little bit of spittle.

He full-on spit.

- Okay, do you have a police report?
- [John] I do.

I'd like to take a look.

Thank you.

Okay, so the police report indicates
that they were called...

- I assume they were called by you?
- Yes.

[Judy] Because they responded
to their location.

And the police officer observed
red marks on her neck

and her hair falling out of her head.

- I do have pictures as well, Your Honor.
- [Judy] Mm-hmm.

- That's when I pulled her off of me.
- [Judy] Mm-hmm.

That's when I got all those scratches
and my black eye.

I'd like to see
the Defendants' photographs.

[Heather] Okay.

[Judy] Mr. Wheet,
I've read the police report.

I've looked at your pictures,
and can I see the pictures

from the Defendants?

I do not have a cross-complaint.

Your answer, Miss Shilling
and Miss Hensley, both indicate

this was a terrible incident
and you just want it to go away.

Yes, Your Honor.

- You too! You too! You too!
- I did call the police.

I called the police
before they called the...

You too. Mr. Wheet, you know,

there are certain things
that are common sense.

And the common sense of it is
you were upset.

You were aggravated. You were angry.
You were not getting what you needed.

You were not told
that there was no vet inside

by the first person you encountered,
so whenever...

No. That's wrong.

I wasn't told until after
the second person came out.

I said... No, I was absolutely right, sir,
in what I said to you.

I said you were not told
by the first person that you encountered

that there was no vet inside.

- So say, "Yes, ma'am."
- Yes, ma'am.

[Judy] Right.

It wasn't until Miss Hensley came outside

that she told you
that there was no vet inside.

- That is correct, ma'am.
- That is correct.

Right. Now, in between that time,
according to you,

you sat outside for five minutes.

- That's correct.
- You sat outside for five minutes.

And you did not do
what you were instructed to do

by the person who was outside
taking care of another animal.

And they said, "You have to call first."

You said, "You're right here.
Why can't you tell them?"

That's what you just told me.
Is that correct?

As soon as I finished
with the conversation about him calling,

they left me and went inside.

That's okay. You did not call.
And you sat there on the cement,

according to you, and waited.

Then she came outside
and told you, "There's no vet."

- That's correct.
- Okay.

By that time, you were very angry
because now you had a cat that was sick.

- No.
- Oh, yes. Absolutely.

It says so in the police report.
That that's what you said.

- You said you were belligerent.
- I was.

You were belligerent and you were angry,

but the first physical contact
that happened was the Defendant to you,

but you say you were belligerent
and angry.

- Yes.
- And you honestly said that to me.

- Yes.
- [Judy] Yeah. Okay.

You didn't act smart.

If I had my animal that was bleeding
to the vet, and they said call,

I would've called.
And If I didn't call and waited outside

and somebody came outside,
then said to me, "The vet's not here,"

all I would have said is,
"Why didn't somebody tell me that before?

'Cause I waited out here
for five minutes.

Even though I didn't do
what I was told to do,

which was to call first and check in."
Do you understand?

Your case is dismissed. We're done.

[bailiff] This court is adjourned.

Obviously, I have to stand by
what she said.

I think that it was very fair.

I think that she saw
that he was an angry man

who was upset about his cat.

They were the aggressor to me.

As soon as he was screaming and yelling,
I think that was the line.

I was holding up my hand,
trying to protect myself from her.

She hit me, broke my glasses,
gave me a black eye.

The sooner you leave,
the sooner you can get your cat treatment.

I was upset at some point.
I would have to say that's true.

Pretty bad. I've been having issues, like,
working with people coming up to the door.

The cat survived.

He is not welcome.
The police did place a "no trespass",

and that was our goal.
We just didn't want him to come back.

[Judy] You know, people get really upset
when their pets are injured

and they can't get immediate care.
It's not quite as acute, probably,

as when your child is sick and
you take them to the emergency room.

And there are 500 people
in the emergency room,

but your child has a sore arm.

You don't know if it's broken or not,
you know, and you're agitated.

- He was clearly agitated.
- Mm-hmm.

Agitated and angry.

Actually, I sympathize with him, you know?

The first person could've said,
"We have no vet."

"If it's an emergency, go someplace else."

They didn't, and then he sat and waited,

and as he sat and waited,
got angrier and angrier,

and then, "We have no vet.
You have to go someplace else."

Bottom line, it was all a bad scene.

But it was a bad scene
precipitated by him.

Yeah, just listening to his story,
I could tell the agitation level

just as he was waiting
and not getting info.

You could tell and, like you said,
sympathize with him.

Unfortunate. I think the Defendants,
actually, were interesting.

- That they didn't file a counterclaim.
- File a claim?

- I also was surprised by that.
- Because they had, one of them...

The young woman had some serious injuries.

Pulled her hair out,
and she had marks on her neck.

They just said it was a bad incident.
Just let it go.

- Yeah. Mm-hmm.
- He should have, too.

[narrator] Want justice?