03x12 - Bitter Bloodlines; Teen Burden and A Tail of Negligence

[bunniefuu]

So you moved in with your aunt and uncle.

I was told that I was using them.

And it was a heated argument.

I had to contact the police
to get my things.

-That is not true.
-Shh.

I lost my dad, so I never really got
to have a connection with them.

So this was an opportunity
to really be a part of their life.

[narrator]
This is Judy Justice.

[theme music playing]

[announcer] Kaylee Kawleski is suing
her aunt, Brenda LaFountain,

for personal belongings
after moving out of Brenda's house.

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

Have a seat, please.

Case number 3024,
Kawleski versus LaFountain.

-Thank you.
-You're welcome.

-[Judy] You were in the military?
-Yes, ma'am.

And when did you get out of the military?

December 14th, ma'am.

-December 14th of 2022?
-Yes, ma'am.

At that time you had no job,
you had no place to live.

-And the defendant is your aunt.
-Yes, ma'am.

I assume you called her and asked her
if you could live with her?

Um, no, ma'am. Um, my mom refused to
pick me up from the Appleton Airport...

And?

My aunt, Brenda, was the only option
at the time...

Just a second. My question to you is...

she would have to know
that you needed a place to live.

The question is designed
to elicit an answer.

Did you call her or did she call you?

I called my mom and my mother called
my Aunt Kelly, which is Brenda's sister,

and worked it out with Brenda,
that I would stay with her.

[Judy]
I didn't ask you about staying with.

When did you first have a conversation
with your aunt?

The day she picked me up from the airport.

-[Judy] What date.
-December 15th.

She picked you up from the airport.

Had you had any conversation with her
prior to her getting to the airport?

How you would be arriving, what time...

Where to pick you up,
where you would meet?

Did you have any conversation,
either by text or on the phone?

No, ma'am, I did not have a cell phone.

-So you had no conversation with her.
-[Kaylee] No, ma'am.

Okay. December 15th, she picked you up,
got into the car, and...

We went back to her house
with my Aunt Kelly and Brenda.

And I moved there.

[Judy]
Well, tell me how that happened.

You're a big girl,
tell me how that happened.

Yes, ma'am. I got back from the airport,
they picked me up.

We went back to her house.
We figured everything out...

Not figured everything out.
Not figured everything out.

You said to her, she said to you...

Somebody said, "You don't have
a place to live." "Could I live with you?"

-I want to hear that.
-[Kaylee] Yes, ma'am.

-They said I could stay rent free...
-[Judy] Not "they."

-Not "they."
-Brenda said I could stay rent free.

[Judy] Well, how'd she know
you didn't have a place to live?

Did you tell her you had no money
and no place to live?

Yes, ma'am.

[Judy]
Oh, well, that's what I want to know.

-Yes, ma'am.
-When did that conversation take place?

The night after picking me up
at the airport on December 15th.

So where did you sleep that night?

At Brenda's house.

Okay. And had you ever
lived with your aunt before?

-No, ma'am.
-[Judy] So you moved in

with your aunt and uncle,
and they agreed that you could stay there

-until you got on your feet.
-Yes, ma'am.

Now, there's nothing
wrong with you, right?

No, ma'am.

[Judy]
What city and state do you live in?

I live in New Holstein, Wisconsin.

[Judy]
Okay. And so you moved in in December.

Lots of temporary jobs around Christmas.
Did you get a job?

-[Kaylee] Yes, ma'am.
-[Judy] What were you doing?

I was putting together molds for birdseed.

How much were you paid?

I was paid around $17 an hour.

How long did that job last?

Two months, ma'am.

[Judy]
From January to February?

Yes, ma'am.

Did you pay any expenses
to your aunt and uncle

while you were working
in January and February?

-No, ma'am.
-[Judy] What date did you move out?

March 20th, ma'am.

Where were you working in March?

I was a guest service member.

Um, I would tend to customers
as in, like, a cashier

-and helping guests...
-And how much were you making there?

Um, $16.50, ma'am.

How much money did you put away
during this period of time,

January, February and March, where you
were working and not paying any rent?

I had about $500 in my bank.

I did get in a really bad car accident,
um, in that time period. So...

Which time period?

I got into a car accident
in late February.

-Whose car?
-[Kaylee] My car.

[Judy]
When did you buy a car?

This was before boot camp, ma'am.

So you had a car.
You had to get the car from someplace.

Where did you leave the car
when you went into the Armed Services?

Stevens Point, Wisconsin,
where I was born.

At whose house?

My friend that I was staying with
before boot camp.

So you were in a car accident
sometime in February.

Yes, ma'am.

And so no payments to your aunt
in January, February or March.

And tell me about when they
asked you to leave.

Um, it was an argument.
I calmly sat down and I was told

that I was, quote, unquote,
a burden and using them.

And it was a very heated argument, um,
that I do nothing around the house,

while, you know, I was living there.

And I refused to put up with that
because I did do a fair share amount

while they were using my information
to get heat assistance and food stamps.

And so it's not like I didn't provide them
any help. They had help through the state.

Well, that's not you helping them.

-[Kaylee] No, ma'am.
-Correct.

[Judy] That has nothing to do with you.
So you left.

-Yes.
-[Judy] And it was a heated argument.

And that argument took place on what date?

That argument took place,
if I remember correctly,

on March 18th.

-And you left March 20th.
-[Kaylee] Yes, ma'am.

[Judy]
So, on March 20th, you decided to leave.

-[Kaylee] Yes.
-[Judy] Great.

And you packed all your stuff.

-No, ma'am.
-[Judy] Well, you should have,

because that's what this case is about.

You should have.

If you decided to leave on March 18th,
after living with your aunt and uncle

on their dime for three months,
and you decided to leave

after a heated argument, according to you,
on March 18th,

you should've packed all your underwear
and left.

-Not leave a few things with tags on it.
-Yes, ma'am.

You should say to your aunt and
your uncle, "Thank you very much

for taking care of me for three months."
Not sue them.

I never got to really know
my aunt that much,

so I wanted to have space
after the argument

to try to, like, decompress, because
I don't do well with confrontation.

Just a second. What do you mean,
you don't know your aunt well?

I lost my dad, so I never really got to
have a connection with them.

I lived in Stevens Point with my mom,
and so this was an opportunity

to really, like, live with my aunt
and be a part of their life.

Okay. I'm not gonna get into your history

because I see that
you're getting too emotional.

That's not going to happen.

What I'm suggesting to you is,
especially if it's someone

that you don't have a connection with,
who did you a kindness

and it didn't, unfortunately,
didn't work out,

your response to that is not suing them

for some alleged underwear
that you left behind.

When you had to time
to pack all your stuff,

did you still have a car or was it
totaled in the February accident?

I did not have a car anymore.

Okay. So who picked you up
from your aunt and uncle's house?

My best friend Emily did.

-[Judy] Okay.
-[Kaylee] It was March 18th.

I slept over for two days

and made the final decision
to move out on the 20th.

-I have the text messages here.
-[Judy] Just a second.

So you slept at your friend's house

March 18th and March 19th.

-Yes, ma'am.
-[Judy] And you brought clothes with you.

Yes, ma'am, a week's worth.

And March 20th you decided
to move out completely.

[Kaylee]
Yes, ma'am.

Good. And you went back to the house?

Yes, and all the doors were locked.

-That is not true.
-[Judy] Shh.

Did you ultimately go into the house?

No, ma'am.

You never went back into the house
after March 18th?

No, ma'am.

Well, then what did you go there for
on March 20th?

I had to contact the police
to get my things, which they packed up.

They refused to let me in the house.

[Judy]
Well, that's okay.

And then I went back
into the house March 20th

to pick up my belongings
that were set outside.

[Judy]
Okay. Well, that's fine.

You took the important stuff with you
'cause you were going for a week.

-So anything valuable, you took with you.
-Yes, ma'am.

[Judy]
Okay, let's get to your counterclaim.

Your counterclaim is,
you claim that your niece

damaged the house
while she was living there.

-Yes, Your Honor, she did.
-[Judy] Show me.

Show me.

[Brenda] I have many pictures
and an estimate for the damages of...

You want... You're sure about this?
You're sure that you want me to see this?

-Yes, please.
-[Judy] Okay, good.

"I don't have 90%
of my regular underwear,

so I will be over tomorrow
to grab those."

That was on April 9th.

-I have the text messages before that.
-[Judy] Just a second.

I don't care about
the text messages before that.

[narrator]
And later today...

Your son says
he only turned over four dogs.

He asked his colleague
to bring out the other one.

The other one wasn't there.
Am I getting that right, sir?

Yes, ma'am.

-[Judy] Okay. Well, so...
-Well, he doesn't know...

Just... Don't talk to him.

He's talking to me.

[theme music playing]

[narrator] Kaylee Kawleski
claims her aunt, Brenda LaFountain,

is wrongfully keeping her belongings.

Brenda is countersuing Kaylee
for property damage.

Okay. What I see here is a mess.
I don't know what this is. What is this?

That is a burn from a candle
on top of a new dresser.

-Of a dresser.
-[Brenda] Nightstand.

I assume this is you showing me
that she left a bowl of food here.

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

Not nice, but I'm getting to know it.
I'm getting to understand it.

And this? I mean, was that the same day,
was that March 18th?

Was it March 20th, or did you go...

March 20th.
March 20th, I'm sorry.

Oh, okay. "I finally moved into
where I'm staying, everything is unpacked,

and I realize that I'm missing over 40
Victoria's Secret pennies." What is that?

Underwear, Your Honor.

-Pennies?
-Panties.

"And that I don't have 90%
of my regular underwear,

so I will be over tomorrow to grab those."

-Yes.
-That was on April 9th.

-I have the text messages before that.
-[Judy] Just a second.

I don't care about
the text messages before that.

You moved out on March 20th and
you're sending her something on April 9th,

that you finally unpacked and
you realized you're missing underwear.

Yes, because they packed up my stuff
on March 20th, Your Honor.

[Judy]
Yeah, this is April 9th.

[Kaylee] And I realized that
I was missing my stuff.

-[Judy] On when? On April 9th.
-On March 10th.

When I finally had the opportunity
to go through my things fully.

Okay, well, I'm sorry about that.

Okay, the only thing I want to show you
aside from the mess and the food mess,

the only picture
that I want to show you is this,

and I want you to tell me
how this happened.

[Brenda] Your Honor,
did you get to the closet?

Shh. Yeah, I don't care about the closets.

I want you to tell me how that happened.

So this is a rabbit hide, Your Honor.
It's a real rabbit hide.

[Judy] Not the rabbit hide.
I'm not talking about the rabbit hide.

I'm talking about what happened
under the rabbit hide.

There was heat applied to it,
so the bottom of the hide,

that's what it is.

How did that happen?

You have a wax melter for scent
that they gave to me.

So you burned something on that,
it got too hot,

and the bottom of whatever that skin is...

Yes, ma'am.

-[Judy] Okay, so that was you.
-Yes, ma'am.

How much is it gonna cost
to refinish the top of that?

Do you have an estimate for that?

No, ma'am, I do not.

Okay, that's too bad.
Your claim is dismissed.

You should say thank you
to your aunt and uncle,

and you left the house pretty messy
when you left there.

-Yes, ma'am.
-Okay, we're done.

-[Kaylee] Thank you, ma'am.
-[Kevin] This court is adjourned.

It is what it is.

She did notice that Kaylee's room
was a disastrous mess.

I was given a place to stay by my aunt,
and that was nice of her,

but, um, she's just not a good person.

She was an entitled brat
and we were not going to play into that.

I'm just ready to move forward.
That's, yeah.

I wish her the best in her endeavors.

I knew there had to be more
to the story there when the plaintiff said

first right off the bat that her mother
refused to pick her up from boot camp.

That sounds unusual
to someone who hears it,

so I knew there had to be more there,
but I felt bad for this aunt and uncle.

It seemed like, again,
no good deed goes unpunished.

They took her in and they had a kerfuffle,
as you would say.

You know, they didn't get along.
Maybe she was a little messy.

-Not a little messy. [chuckles]
-She didn't learn that at boot camp.

They didn't mesh well,
and maybe it wasn't the relationship

the plaintiff was hoping that
she would find or uncover,

you know, in her new family.

Sounds to me as if
she took advantage of them.

-A little bit.
-The condition of that room...

I didn't see all the photos that you saw.
I saw portions of them.

Well, the condition of that room
was deplorable. Really deplorable.

And food in there...
old food, dried up food.

You know, and this is their home.

I'd have to be very comfortable
with my closest aunt and uncle

to even eat in the bedroom,
so I agree with that point.

I don't even allow Poppy
to eat in the bedroom.

Well, that's fair.

Yeah. It's unfortunate that they
did something that they felt was good

and it turned out to be really bad.

[Sarah] Yeah.

[Judy] And shouldn't discourage people
from wanting to help.

To help.

-"Gratitude" is a good word.
-[Sarah] Mm-hmm.

Yeah. Suing is not.

Case number 3035,
Zachrinsson versus Farver.

All parties, please come forward.

[narrator] Saribel Zachrinsson
is suing dog groomer, Tracy Farver,

for negligence
after losing her dog, Benji.

Miss Zachrinsson, you're a dog lover.

Yes.

And for years, you had five dogs?
Or four?

-Five.
-[Judy] What kind did you have?

I have a Maltese poodle,
I have a common poodle,

I have a poodle, a Shih Tzu,
and some dog I found on the street.

I don't know what kind it is, but yeah.

[Judy]
Small dogs.

Yes, they're small. They all...
They don't weigh more than 15 pounds.

And for a very long time,
Miss Farver has groomed your dogs.

That's correct, Your Honor.

How many years has she groomed your dogs?

I can't exactly time,
but it's gonna be almost ten years.

And you usually bring
the dogs to her how often?

I never bring my dog to her house,
always to the shop.

She used to have a business shop
they call TLC Grooming.

And that's where I bring my dogs over.

When did that change?

December the first, I texted her to say
I'm gonna bring my dogs tomorrow.

Six of my babies to the shop.

And then she say,
"Oh, I was about to text you.

I'm gonna close the shop for good."
And I said, "Oh, wow, what happened?"

She said, "Well, I have
to take care of my husband.

He's getting sick
with heart failure stuff,

so I don't want to be away from him.

So you can bring them to my house
and I can groom them."

So I said, "Well, I want to send
my brother over there."

So you were sending six dogs.

Six. That day, I send six.

And you decided to have your brother
bring them to the house.

[Saribel]
That's correct.

-[Judy] That was on December 2nd.
-That was December the 2nd.

Okay. And how long did the dogs
usually stay there? For the day?

Say, to end of the day
because there's five.

-[Judy] So one full day.
-Yeah.

How much do you pay her for the six dogs?

Uh, depend. Depend what she do
because some of them go every week,

some of them once a month,
some of them twice a month...

How much did she charge for each dog?

If it go once a month, 50.
If it go twice, 25.

I see. So there's less work
if you maintain the grooming.

That's correct.

Got it. So on December 2nd,
who brought the dogs to her house?

My brother.

-Is that this man here?
-[Saribel] That's correct.

Okay. Could you step up, please,
and tell me your name?

My name's Richard Bean
and I'm my sister's brother.

You brought the six dogs
to the defendant's home?

Yes, ma'am.

[Judy] Tell me how you brought them
into her house.

I brought them up to her and just
gave them to her by their sliding door.

[Judy] How?

Just one by one.

So you handed them
to her individually, unleashed?

Yeah, but I'm holding them
in my arms.

[Judy]
And you just handed them to her.

-Yeah.
-[Judy] Okay.

Where did you pull up in the car?

In the driveway.

You brought them into the door
or she came out?

I brought it to her.

Okay. Did you also pick the dogs up?

I picked four of them,
but one was missing.

-So only five were sent that day.
-Yeah.

When you went to pick up the dogs,
you only saw four?

Or did you see one and one ran away?

When I went to pick up the dogs,
I only realized that there were four

and one was missing,
and when I went to ask...

Where did you go?
Did you go inside her house?

-I didn't go inside the house.
-[Judy] Well...

I picked it up
on the side of the driveway.

-How?
-They opened the door of the driveway.

It's a big sliding door that they have
that can open just a little bit.

That they can hand me the dogs.

She handed you the dogs?

Not her, but the son.

-Is that you?
-[Nicholas] Yes, ma'am.

[Judy]
Okay. Stand up next to your mother.

-Okay, tell me your name.
-Nicholas.

Nicholas, when the plaintiff's brother
came to pick up the dogs...

-Yes, ma'am.
-...how many dogs did you give him?

I gave him four and asked my co-worker
to bring out the other one.

You help your mother with grooming?

Not with grooming,
but in the mornings, I transport.

I got to a park,
pick up dogs that we had scheduled,

and then bring them back.

Later in the evening,
I take them back to the park.

[Judy] Okay.

So you asked a co-worker
to go get the fifth dog?

-Mm-hmm.
-[Judy] Which was where, in a cage?

Um, that's what we believed, yes.

What do you mean,
that's what you believe?

You say that you were forced
to drain the pool

because they thought that
maybe the dog fell into the pool.

I don't care. I don't care if you
have to drain your whole house.

[theme music playing]

[narrator] Saribel Zachrinsson
claims dog groomer, Tracy Farver,

lost her dog, Benji, while in her care.

Tracy is countersuing for
the cost of draining her pool.

Okay. So you only turned over four dogs.

Yes, ma'am.

-[Judy] To the plaintiff.
-Yes, ma'am.

[Judy]
Plaintiff's brother.

And you don't know what happened
to the fifth dog.

-No, ma'am.
-[Judy] Personally.

Personally, no.

You never saw the fifth dog on the second.

No, ma'am.

Okay. Do you know what happened
to the fifth dog?

Uh, yes, ma'am, the fifth dog
was released to him.

-He had the dogs in the vehicle...
-Were you... Just a second.

-[Tracy] ...and came back to ask me...
-Were you... Just a second.

Were you there?

Well, I was in the salon after
the dogs had already been given to him.

Your son only gave him four dogs.

But he was not the only one involved
in giving the dogs back.

Then you should've brought that person
because you weren't there.

Uh...

[Judy] You should've brought that person
because you weren't there.

[Tracy]
I know, I should have.

Well, your son says
he only turned over four dogs.

He asked his colleague
to bring out the other one.

The other one wasn't there.
Am I getting that right?

-Sir?
-Yes, ma'am.

-[Judy] Okay. Well, so...
-Well, he doesn't know...

Just... Don't talk to him.
He's talking to me.

You can have a seat now.

Okay. So, Miss Farver, bottom line is...

You can sit down now.

Thank you, ma'am.

[Judy] The plaintiff's brother,
at her direction, brought you five dogs.

Only four were returned to her.

So one was missing in action
on your watch.

One dog. That's clear.

Now, she's suing for the negligence.

She doesn't know what happened
to that dog.

You have a counterclaim
that's sort of ridiculous.

Well, I have proof that she says
that she lost her dog there.

-He misunderstood.
-Just a second. Just a second.

When he counted, he said that he...
that Benji ran out with them.

That he said that
Benji runs away all the time...

[Judy]
Let me explain some...

Let me explain something to you.

Your witness that
you brought with you today

said he only turned over four dogs
to the plaintiff's agent.

But he wasn't the only one
that turned over dogs.

And he leaves that situation
to go deal with another situation...

Deal with me.

And I've said to you
that you didn't bring the second witness

because you weren't there.

You didn't bring the second witness

to say, "I did, in fact,
turn over the dog to him."

I was told I could not bring
a second witness.

Did you, on December second,
ever see that dog?

-No, ma'am.
-[Judy] No.

Okay, that's what I thought.

All right,
so you're responsible for that dog.

Now, the dog was how old?

Fourteen years old.

And what was the breed of that dog?

[Saribel]
Maltese poodle.

When you found out that
that dog was missing,

I gather you all went back
and tried to find it.

-Yes. Yes.
-Yes, Your Honor.

I'm glad you all went back
to try to find it.

And you couldn't locate it
on your property.

How much property do you have,
by the way?

How many acres of property do you have?

Uh, it's about an acre and a half.
Do you want to see pictures? It's all...

No. I don't have to see pictures.
The dog was missing, that's your problem.

That's your problem.
The dog was missing under your watch.

So there's a question of damages
because she's entitled

to a certain amount of damage
for the loss of her dog.

Unfortunately, we talk about
replacement value, you know.

How much is a Maltipoo to replace?
I don't know.

-Could you look up, Sarah, the cost...
-[Sarah] Sure.

Give me a general price of the cost
of a Maltipoo. They're cute.

[Sarah]
Just on an initial search...

So it looks like 2,000 to 3,000
when purchased from a breeder,

but can go up to 4,000
for certain colors and reputation.

Okay. So we talk about replacement value.
The replacement value is about $2,000.

The dog was 14 years old.
I'm not even factoring this in.

-You had that dog for 14 years?
-Yes.

Okay. You're entitled to that.
This is what your counterclaim is.

Your counterclaim is ridiculous
and I'm dismissing it.

You say that you were
forced to drain the pool

because they thought that
maybe the dog fell into the pool,

and it cost you $2,800
to drain the pool.

I don't care.

I don't care if you have
to drain your whole house.

Your counterclaim's dismissed.

Judgment for the plaintiff
in the amount of $2,000.

We're finished.
Thank you very much.

[Kevin]
This court is adjourned.

Well, I mean, I'm happy for,
uh, Saribel, you know,

that she feels like her grief
was compensated.

When she lost my dog, she never told me.

You know, he was a known runaway

and didn't have any identification
and wasn't chipped.

You lost my dog. It's belong like my son,
you know, my kid.

For 14 years old, it means a lot to me.

I wish that we would all...
I always wish we'd find him.

I miss Benji a lot.

So I have a little issue
with the concept, legally, overarching,

of the replacement value of things,
dogs, even loved ones

sometimes in wrongful death suits,
because it doesn't get to the heart

of what you actually lost.

So, yes, on a brief Google search,

I could find a Maltipoo puppy
for, say, $2,500,

but does that really make up
for the 14 years that the plaintiff had

with her original dog
that the defendant lost in her care?

I felt inclined, like I wanted to give her
more for that pain and suffering of loss,

but that's not what the law gives us
as a remedy.

[Judy]
Well, first, she didn't sue for that.

But as a dog lover,

I can tell you how excruciatingly painful
it would be for me

to bring Joey to a groomer
and come back and they say,

"I'm sorry, we don't have her."

I remember taking a dog
many years ago to a groomer,

and when I brought her back,
she had a cut underneath on her belly.

I wanted to go and commit a m*rder because
the groomer hadn't told me about it.

But for the fact that I saw drops of blood
on my carpet, I wouldn't've seen...

So, you know, as a dog lover, and clearly,
this plaintiff was a dog lover.

Mm-hmm.

Because she methodically
had them all groomed.

She was talking about twice a month
on occasion.

[Judy] Twice a month,
sometimes once a week.

She clearly loved her animals
and was careful with them

if she had this dog for 14 years.

-That's a pretty full lifespan for a dog.
-Full life.

-But very traumatic, you know.
-[Sarah] Yeah.

You bring five babies in
and you only get four back.

-I'm sure it wasn't purposeful...
-No.

...on the defendant's part
because she had been a great groomer

and the plaintiff liked her,
but she's responsible for the replacement.

[Sarah]
I agree.

[narrator]
Are you a victim of a scam?



[theme music playing]