I Won In Court Today...Well...Sort of....

Without going into the full-blown play-by-play, suffice it to say that this was an exhausting experience. Plus, I was so nervous about getting there due to the flooding in Houston today, that I took out 2 hours before I was due in court. Missed my lunch as a consequence and since my case was number 16 on a docket of 19 cases I had to sit and wait a lonnnnnnnnnnngggggggg time!

She did show up, along with her husband. So mine was one of 14 cases that were sent to mediation. If one of the parties didn't show up, the judge called the one party to the case up to the bench and gave a summary judgment in his/her favor. Judge Burney wasn't there today - it was a visiting judge whose name I don't recall. He was an Hispanic male (you'll see why that was important at the end of this story.)

My case wasn't called for mediation until 3:30 and this meeting lasted until 4:15 -- it's an attempt with a mediator for the 2 parties to agree to a settlement. Our mediator was a fairly decent facilitator. He also told me that I had a very good chance of winning if we took the case back in front of the judge. But I chose to settle instead. And I settled for less than I thought was really fair. That's why I titled this post "I Won...Sort of..."

Bottom line, I didn't have all the facts. First, her dog killed the poodle AFTER it had attacked Porch Boy. It was the same day, but the poodle was attacked around noon, while Porch Boy was attacked at 6:30AM. This was corroborated by the poodle's owner - but not until just yesterday.

When the woman who had witnessed the attack on Porch Boy had identified the Pit Bull as the attacker, and told me it had killed the poodle "after Ike" I presumed that it had happened sometime back in September. That's why it made me so mad when Ms. Evans told me that they were still dealing with "separation issues" and hadn't gotten rid of the dog. I didn't realize at the time I confronted her that it had only been 5 days that they had been dealing with the reality that their dog had murdered another dog.

Second, her confession that her dog had gotten out of the back yard when I told her that the witness had identified her dog as the one that attacked Porch Boy, was referring to the attack on the poodle. Not the attack on Porch Boy. She insisted that she had not known about the attack on Porch Boy until that Thursday morning I confronted her, 5 days after the fact. And she continued to say that her dog was in the house until they put him out in the back yard right before noon on Saturday - the day of the attack.

I also found out that they had wanted to take the dog to a shelter to get him adopted out, but no shelter would agree to take him for adoption. She said that because he was a Pit Bull all the shelters in Harris County said that they would euthanize him. She said that when they got him as a puppy they had agreed if he ever "drew blood" they would destroy him. But then after having him 2 years it was hard to go through with that plan. I told her I understood that, and hadn't really wanted him to be put down although I was scared of encountering him again. And very angry that he had attacked Porch Boy and the poodle, of course.

Oh yeah, she also said that they had returned Judge Alex producer's call and left a message to learn more about it, but the producer never called them back. So that mystery was solved. Most importantly, I was able to express that what I had wanted most was an apology and a sense that she was empathizing with my situation. That it had been extremely traumatic for both me and Porch Boy to be attacked and that what I had gotten was defensive denials and a seeming lack of concern from her. She offered me a genuine apology and, when I teared up a little bit, I could tell that she did understand my pain. She also said that she wasn't purposely ignoring my certified letters, but because both she and her husband worked full time it was hard to get over to the post office to sign for them.

So, then we got down to the actual negotiation of a settlement. I immediately offered to eliminate everything relating to my medical costs, keeping the focus on the $1195 expense for the vet bills. She, on the other hand, still unconvinced that it was her dog that had attacked Porch Boy, balked at paying $1200 for someone else's dog's behavior. She mentioned the other 2 Pit Bulls that lived on our block and that it could have been a stray dog as well. I admitted that I could not say with 100% confidence that it was her dog, as I had only seen her dog on 2 occasions, and because the attack itself was so traumatizing for me that all I really could say was that it was a sandy brown big dog that I thought was either a Pit Bull or a Boxer. I also was certain it had a black collar on because it's head was what I was most focused on - as it continued to shake Porch Boy - and she had told me that her dog had a black collar.

The mediator asked if I had a statement from the witness and I told him about her backtracking on her story and not wanting to be involved. So, he turned to them and said "Well, you do admit that your dog did get out the day that the chihuahua was attacked and did kill the poodle. It's likely that the judge will take that into consideration as a pattern of behavior. So, would you be willing to split the cost of the vet bills 50-50?" To which she replied, "We'd need to discuss that. We don't have $600 right now because we just lost our car in the flood (this was referring to their Honda that was left in the street when our neighborhood did flood last week -- I know because I saw the car being towed away) and my daughter turns 2 years old tomorrow." So I suggested that they pay part of it now and part next month. She requested we leave the room so that they could discuss it privately.

So the mediator and I walked out. He was telling me all about what I already knew would be a difficult collection process if they wouldn't settle. He also mentioned the $100+ I would need to spend to even try to get the full judgment. After about 10 minutes she called the mediator back in and the only thing I heard was her say, "But she SAID it was a boxer - not a Pit Bull!" Then a couple minutes later I was asked to return to the room.

She then offered to pay $200 as a settlement. I was surprised and said I didn't think that was fair since I had to spend $95 just to file the case, but she wouldn't budge. I asked what the collection process was if I accepted her offer and the mediator said that he would write a statement on our agreement that would be a legally binding contract. I asked if that meant I was going to have to file ANOTHER case if they reneged and he said that if they didn't pay the $200 my current case would be refiled and we'd both have to come in and start it all over again.

So I said, "To heck with it. Let's just get it over with. I'll take the $200 but I want it paid today." She agreed to write a check and I really pissed them off when I said I preferred a cashier's check because I had no assurances that she wouldn't stop payment after I walked out the door. So the mediator put a stipulation in the agreement that if the check didn't clear my bank within 7 days, they would have to pay me with a cashier's check. She also had a statement put in that they did not admit it was their dog that was responsible.

Now the final step. Had to go back in front of the judge for him to sign off on our settlement. When we got back into the courtroom there was a man & woman at the bench just yelling at each other. It was like a scene out of those reality court shows. He told them to grow up and act like adults, but they continued to snipe at each other. Then he said, "Do you remember when Rodney King got the crap beat out of him? What did he say?" She said, "I don't remember." And the judge stood up and said, "Can't we all just get along? That's what he said! And if he can say that after getting beat up why can't you two get along?" They CONTINUED to argue with each other and the judge turned to the clerk and said, "Reset their court date. I've heard enough. Let Judge Burney deal with it."

Another case had a settlement agreement and they approached the bench and he signed off on it and thanked them for being mature - said it loud enough so that the bickering two would hear - and then called us up. By the time we got up there he was even smiling. He read the filing first and said "Ms. Root you were suing for over $2000 and you're settling for just $200?" I said, "Yes sir." He then read the initial complaint and said "So your dog attacked her dog. Wait! This was a Chihuahua that got attacked? Your talking about the national dog of my Mexico! That's my people's dog! I don't really like dogs but when it comes to Chihuahuas..." Mr. and Mrs. Evans had a look of stark fear on their faces so I lightened the moment by saying, "Darn! I should have come back in here rather than settle! Who knew the judge was going to love Chihuahuas?" The judge and the clerk laughed and the Evans did, too. The judge signed our agreement and it was over. I immediately took that check to the bank. It better not bounce!!!!

All in all, I am satisfied with the outcome. Even though I think it would have been more fair if they had paid at least $300, I am pleased that I don't have to mess with this whole thing any more. By paying me $200 they did take at least some responsibility, and Porch Boy is completely over the whole thing. If he can forgive, so can I. In fact, on the way out of the courtroom I wished their daughter a happy birthday.

2009 Wiener Dog Festival

Tater, Mom & I left my house about 2PM on Friday and arrived at Shari's for dinner and a game of Mexican Train before going on to the Red Roof Inn in Austin. Shari's dogs scared Tater to death. Especially Bailey who doesn't know her own strength. She wanted to play with Tater but Tater would have none of it.

Andy gave excellent directions to the hotel and we got in the room about 10PM. It's a nice enough hotel - very cheap $59/night - and allows dogs! Mom got unpacked while Tater looked on. Good girl that she was, she didn't pee or poop on the carpet! (that would be talking about Tater as the good girl, not Mom of course...)



Mom and Tater actually bonded on this trip, evidenced in this kiss. If you look behind Mom's head you can see that the room had a microwave and small refrigerator - pretty nice amenities for a very cheap room!



Although we overslept, we did arrive in plenty of time to see the first race. We parked in this field and took the shuttle bus. I was a bit nervous about off-roading in my Mini. It is definitely NOT built for such adventures! But fortunately it didn't rain so we had no problem getting back out to the road.


We met up with Jessica, Ken & Aubrey who was traveling in style!


Aubrey kept pointing and saying "woof" (her word for dog) over and over. There were so many dogs to point out she couldn't sit still for long. Wisely, her folks had her on a leash when she got out of her coach :--) She walks really well - and only 17 months old!



Unfortunately we were too late for the costume contest, but I got some photos of some of their outfits. Aren't they cute?????



Not at all certain that tuxedo clad dog is a dachshund - but he did have an interesting hairdo! Next were Thing 1 and Thing 2 from the Dr. Seuss classic The Cat in the Hat.



And finally, this little guy who got around just great in his wheelchair - the video proves it!


And, as you can see, the wheelchair does not deter Tater from making the typical dog greeting.



In addition to everything I showed in the videos on previous posts, they had the Oscar Mayer Weiner mobile on site for photo opps.


Mom got this closeup of us in front of it.

Thanks so much Jessica & Ken for inviting us to come. We sure enjoyed it and will definitely be back next year!!!

Kids Play Area at Wiener Dog Festival

Wiener Dog Festival Races

Here's the crowd reaction to race number 1 - by the time they got to race number 36 most of the crowd had thinned out.



Here the owners try to keep the attention of the dogs, which must be a lot easier when most of the spectators have gone on to eat or play or look at the vendor booths.




I was able to get much closer to the fence and take these next two videos that showed the dogs actually racing...or not...

Tater & Aubrey Meet

Porch Boy's Ancestry

I bought a DNA test to determine what percentage of Porch Boy and Mr. Trip was Chihuahua and what the rest of the "mix" might be. Got Porch Boy's results first and, surprisingly, he hasn't a trace of Chihuahua DNA! In fact, he's mostly Miniature Pinscher! Here's a link to find out more about this breed.

I think Mr. Trip looks a lot more like a Min-Pin than Porch Boy does. Maybe his results will show he has a level 1 (at least 75%) DNA from this breed. As you can see in this certificate of P Boy's ancestry, he qualifies as a mutt. Just click on the certificate to see the whole thing.



Having no level higher than 2 (37%-74%) of any one breed, most of his DNA is in the level 4 range (10%-19%) and who would ever have believed he came from such large dogs! Australian Shepherd? Border Collie? and what's up with him being part Poodle????? The level 4 Greyhound could be because the Min-Pin was originally a cross between a German Pinscher and an Italian Greyhound. They did that to make them faster at catching rats, which is what they were originally bred to do.

Will post Mr. Trip's results when they come in.

The Answer

Well, I spoke too soon in that last post. The defendant DID file a statement after all. Here's what it said in its entirety:

Nepolian Evans, the Pit Bull dog we owned, was properly restrained inside our residence at 6:45 AM November 15, 2008; therefore, it was not our dog who is responsible for the incident that occurred involving the Plaintiff Jeraine R. Root and her Chihuahua.

So today I went back to the woman who had first told me that it was Ms. Evans' dog that attacked Porch Boy to request an affidavit stating what she had witnessed. She said that she couldn't do that because she didn't see the dog that attacked Porch Boy. She said all she saw was me on the ground. She knew that the dog belonging to the defendant had killed the poodle after Hurricane Ike so she assumed it was the same dog. She then apologized to me saying that she was sorry she couldn't help, but she just didn't see the attack happen. I asked if she could at least give me a written statement that she had TOLD me it was Ms. Evans' dog and she said "No, because I don't know that it was." I said, "So you don't remember even telling me that it was her dog?" And she said, "I really can't help you. Sorry."

Seems to me that Ms. Evans has intimidated her somehow or at least convinced her to stay uninvolved in the legal process. The fact remains that when I did confront Ms. Evans she told me that Nepolian HAD escaped the backyard that morning because of loose pickets in the fence. It looks like it will just be my word against hers unless I can find someone else willing to go on the record that they saw Nepolian out that day.

Of course, she'll still have to explain why she waited over 2 months to have Nepolian put down after he killed the neighbor's poodle.

New Info on Porch Boy's Lawsuit

I know now that it will cost me more than the original $95 to file the lawsuit to get reimbursed by the owners of the Pit Bull -- assuming I win. The fact that they did not file an "answer" (where they get to put down in writing their side of the story) after being notified they were being sued, indicates that they won't show up at the trial. All I have to do then is present the facts and documentation (including photos) to prove what happened and I should get judgment in my favor. Hopefully the amount will cover the court costs -- but I doubt it will cover the additional fees that I must pay to try and get them to pay up.

Ten days after the judgment is rendered, it becomes "final" meaning there is no possibility of appeal and is enforceable for a period of ten (10) years. I can then pay $5 for an "Abstract of Judgment" to record at the County Clerk's office, which costs an additional $25. This puts a lien against any real property they own in Harris County. A judgment lien continues for 10 years following the date of recording and indexing the abstract. However, the house that they own can't be attached because they have it protected with a homestead exemption (I checked in the tax office records) and no other property is recorded in Harris County.

Thirty days after the judgment is rendered, I can file a "writ of execution" which will cost me another $80. This allows the Constable to contact the defendant and seize something they own (personal property as opposed to real property, which is land, house, etc.) that is worth the amount of the judgment. It is then sold at auction and the proceeds are given to me to satisfy the judgment. BUT, and there's a big, big BUT here. Personal property of a debtor which may be exempt from garnishment, attachment, execution or other seizure may include property having an aggregate fair market value of not more than $60,000, exclusive of liens, security interests, or other encumbrances if it is provided for a family, or an aggregate fair market value of not more than $30,000, exclusive of liens, security interests, or other encumbrances if it is owned by a single adult.

Such personal property may include home furnishings, including family heirlooms; provisions for consumption; farming or ranching vehicles and implements; tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession; wearing apparel; jewelry not to exceed 25 percent of the aggregate limitations prescribed by Section 42.001(a); two firearms; athletic and sporting equipment, including bicycles; a two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver's license or who does not hold a driver's license but who relies on another person to operate the vehicle for the benefit of the nonlicensed person; certain animals and forage on hand for their consumption; household pets; and the present value of any life insurance policy to the extent that a member of the family of the insured or a dependent of a single insured adult claiming the exemption is a beneficiary of the policy.

Other personal property, which may be exempt from seizure, may include current wages for personal services, professionally prescribed health aids of a debtor or a dependent, alimony, support, or separate maintenance received or to be received by the debtor or for the support of his dependent, qualified retirement plan, annuity or account.

In other words, I'm pretty much screwed if they don't own more than $60,000 worth of "stuff" so now I see why they have been thinking the best thing to do is simply ignore this and it will go away. The only thing that filing the "Abstract of Judgment" will do is show up on their credit report so they'll take a hit on their credit score until its removed and that might encourage them to pay it if they try to get a car loan or credit card and are denied, or because their interest rates are increased on existing credit. This will also affect their ability to refinance their home for the next 10 years. If they try to sell their house within the next 10 years, they will have to pay the judgment because the new owners won't be able to finance with the lien attachment.

But, if they stay put and don't try to get any new credit/loans in the next 10 years, then there is no reason for them to sweat the lien on their house. However, I think it would be worth the $30 extra cost to get this done. Just in case...

I'm not sure it would be worth the extra $80 for the writ of execution, though. I mean $60,000 worth of real property being exempt -- they probably don't have more than that. I know that they each drive a Honda (but they're not the newest models - probably only $30,000 value for both combined) and he has a motorcycle - maybe another $15k?- so they'd have to own a lot of nice electronics, plasma TV, or something along that line to get over the $60k exemption. And I'm not likely to be invited into their home to see what they have :--)

Of course, it would probably make them feel at least some emotional pain knowing that I'm out there doing all I can to make them be responsible for what that dog did. It still angers me that they had the County pick up the dog to be euthanized. They wouldn't even pay for that!

Comments, if anyone has read this entire posting, are encouraged. Should I pay the full $110 to get it all done? Or should I just pay $30 and get the abstract filed/recorded at the County Clerk's office to screw up their credit?

Trip's New Hat

A follow up visit with Dr. May today and Trip no longer has his paw bandage, but he gained an Elizabethan collar. He'll have to wear it for 5 days to let the cut heal. The same amount of time he must take antibiotics. And yes, those are my cottage cheese thighs you see in the photo :-(



It's got some hooks that attach to his collar which helps keep it in place, even when he scratches.



Last night he was growling and whining at 3AM so I got up and gave him some of Porch Boy's pain meds (he still has some left over from his Pit Bull attack) but unfortunately I wasn't 100% awake and didn't read the dosage syringe properly. Gave him enough for a 20 pound dog instead of the 9 pounder he is! Needless to say, he was very mellow the rest of the night!

Tater showed some interest in his new chapeau.



But he didn't really want to share it with her.



Pretty soon she lost interest. As you probably did about 4 photos ago, huh?

A Trip to the ER with Trip

While walking the dogs this evening, Trip cut his right front paw between the two middle toes. I'm not sure how it happened. We were walking near the fence and some dogs on the inside of the fence were barking so all 3 of my dogs started yip yapping and going nuts. Trip slipped out of his harness and I think he may have cut it on some of the rough cement that was used to repair the fence posts after Hurricane Ike.

All I know is that I was trying to get control of him since he was no longer on his leash while trying to maintain control of the other 2 dogs still on the leash when all 3 of them were still going nuts because of the dogs behind the fence. When I was able to pick him up, I carried him and led the other dogs across the street to get them away from the source of all the excitement. I sat down on the curb to put Trip back in his harness and saw my hand was covered in blood.

At first I thought I was bleeding, but that didn't make sense because I wasn't hurt. When I put Trip on the ground I could see bloody paw prints and then I saw where his paw was oozing blood. I ran home with him but it was 10 minutes after our vet's clinic closed. So Gina & I took him to the ER on I-45 near Edgebrook.

He got two stitches and I need to take him to my vet tomorrow for a followup and to get his bandage removed.



He's been whimpering ever since we got home (about 9PM) and doesn't want to put any weight on it at all. Poor baby...



I also have to give him antibiotics 3 times a day for the next 5 days. Please pray for his speedy recovery.

Kaden's First Professional Photo Shoot

In his Mama's hands. Awwwwwwwwwwwwwwww!

Me and Mom at Sun Valley Reunion

Mark Arnold took this shot of me & Mom at the reunion back in February. Which twin has the Tony? NEITHER!

Back Burner Breakfast Bonanza

Our last day of the visit, Uncle Herb took Mom & me to a fantastic restaurant, the Back Burner, for breakfast.


Service was excellent and the place is very cute with all kinds of art on the wall for sale. Being the great art critic I am, I inquired as to the price of what turned out to be a light fixture :--)
Nonetheless, the food was the kind that Daddy would have loved. Here's what Uncle Herb ordered - the Cowboy special:


That big hunk of meat is actually a sausage patty!

Mom opted for 2 a la carte items - the Maple cinnamon bun and the biggest biscuit & gravy I've ever seen! Mom had already eaten half of both her items by the time I took this photo.


Trying to stay true to my 100-day challenge to eat healthy, I chose the Eggs Arnold (no Benedict, which means there was none of the Hollandaise type sauce on those poached eggs) and 3 slices of tomato. Yea me!


Although Aunt Beti couldn't go with us - she's pretty much homebound because of the oxygen she must have - Uncle Herb brought her a wonderful to go order. Here's what she had:

Aunt Beti Sings

Our Easter Visit With Uncle Herb & Aunt Beti

Mom & I arrived in Prescott Valley about 6 hours later than planned because we were running late to Hobby. Although we caught the plane by literally running through the airport (a la OJ Simpson back when he was still pitching Hertz rental cars) Mom's luggage didn't get on the plane. So we stayed in Phoenix awaiting the arrival of the next plane (1.5 hours later) but it was not put on that plane either! The next plane was due to arrive 2 hours later. Fortunately it was on that plane and the customer service rep for Southwest Airlines was so nice - she brought it out to us in the rental car and gave Mom a $100 credit toward her next flight for all the trouble!

Cousin Tommy was there when we arrived, but took out early for home the next morning. We got to "laugh & scratch" with him and he had brought a very interesting DVD on Hurricane Ike that we watched. There was footage of Homeland Security guys marking houses like they did in New Orleans after Katrina, showing how many dead bodies were found. I didn't know that they had done that. Being a resident of Galveston Island, Tommy had the inside scoop on what all wasn't being revealed by the press coverage. According to him, over 200 people died in the storm and were taken off in huge 18-wheelers before anyone was allowed back on the island. When he was allowed to return to the island a few days after Ike hit, he had to live without electricity or water for 18 days!

Mom & I were pretty surprised at the new flashy color of Aunt Beti & Uncle Herb's house.



In addition to the bright new color, they had a new roof and other improvements, including the wheelchair ramp for easy access.



The trees and bushes have grown a LOT since my last visit to see them in 1998 - these were about waist high back then!


But we didn't come to see the house - we came to see Uncle Herb & Aunt Beti. Here's how they look now.


Aunt Beti has quite a setup in the living room. Her recliner has a remote that not only moves it from the laying down to the sitting up position, but also kind of pushes her out of the chair. It helps when she needs that extra little oomph to get up.



Every morning Uncle Herb prints out the little sign that he props up on the TV to help Aunt Beti remember what day it is
and then he keeps quite busy around the house. All the while being a very gracious host to us as well :--)

Society's Messages About Dealing With Loss

The messages we get about dealing with loss include:

1. Don't feel bad.
2. Replace the loss.
3. Grieve alone.
4. Just give it time.

In addition, many times we are advised to be strong for someone else - especially if the loss did not just affect you personally. When a parent dies, it is not uncommon for the children to be told to put up a brave front so that the remaining parent won't feel so bad.

Another common piece of advice is to stay busy. But what does keeping busy accomplish? It distracts you from the emotional pain and often exhausts you. And, if you weren't a particularly busy person before the loss, this admonishment to keep busy would be yet another major change to deal with -- not all that helpful, is it?