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HELP please I give up

3666 Views 26 Replies 15 Participants Last post by  middleofnowhere
Just to say I have been on board for at least 3 years,I am 68 year old owner of a rescue GSD who is presently the victim of breed discrimination/frivolous lawsuit.Somehow I lost password/identity on site but hope some will remember me as ttalldog and give me support.I made a vow when I chose to adopt my dog that i would be his port in a storm/protector and guardian for life/supportor/mentor and have tried my best to be that.I am committed to do this.I am under attack in a lawsuit where there is obvios breed discrimination.Just need some support/discussion from GSD lovers on this site..I am NOT that computer savvy and hope I will be able to logon again using temp password-yeah I forgot original info glad i could at least logon to get in touch again,this site is a great support to all who believe in and LOVE the GSD
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Looks like your login worked just fine.

Is there a way you can give details about the lawsuit? Maybe people have suggestions and helpful information for you if you can give more details about the situation.
Any more details you can give? I'd be interested in knowing since I work as a paralegal for a defense firm. We've had several dog bite cases. Is this matter dog bite or just discrimination?

T. Ellison
Take deep breaths... it sounds like you are understandably very stressed. I do remember you, ttalldog.
What are the details of the incident, and the general details of the other party's actions? Was this all a mistake, where there was no actual bite? Do you have legal representation that you trust? Is your rescue dog still with you, under your care?

Please know that you will be in my thoughts. I hope you share more here, I hope you receive good ideas and input here.
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I remember this. The GSD was in or about to be put in a car and someone was walking two Bichon or Llhaso Apso (cannot be sure which .. maybe not even these) type dogs, one on a lead and the other offleash. The offleash dog aggressively ran up to the GSD and a fight occurred with damage to both dogs and also major finger damage to TTALLDOG. The owner of the smaller dogs sued TTALLDOG and (from memory) in the courtcase there was bias against the GSD to the point that TTALLDOG's dog may incur the severest penalty.

TTALLDOG you had my support then and you do now. Please let us know how we can help.
An off leash dog ran up aggressively to her dog? That should end it RIGHT THERE, if not give her the right to sue.
I'm so sad to hear that this is STILL going on. Somehow I thought it was settled some time ago, that you were required to muzzle your dog and walk him on lead only? Ironically, I thought that was the end of it. What more is going on?
It has been almost 2 years since incident.Insurance evidently unable/unwilling to settle.I just was served papers for summons to Superior court.The complaint is TOTALLY a lie.I cannot afford attorney.I am working 3 part time jobs since I can't live on social security.I am so paranoid at this point I am afraid to discuss it.I fully intend to give full story in future.The other owner is a person of means and influence money is NOT the object here.I mention breed discrimination here in that the breeds of dogs mine being the 'viscious german shepherd'.
I am totally alone in this and yes my heart dog is still with me.He has NEVER shown aggression to people and everyone who meets him loves him.I regret how my emotions are affecting him.He won't eat if I don't eat and refuses to let me stay in bed (which being depressed is all I want)and he pulls covers off me and barks.I cannot give up my dog no matter what.
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I wonder if there is a legal aid agency near you or a law school that could possibly help you. It sounds like you are between a rock and a hard place in that you can't afford NOT to have an attorney but you can't afford one.........
((((((((HUGS))))))))) to you and that wonderful dog of yours.
Ttalldog, contact your Council on Aging. They DO have legal types who work for free for those on SS, SSDI, and SSI also.. regardless of if you own a home, have a job, etc. You have enough stress. You deserve some back-up, some help here. These agencies are not the dramatic heavy-hitters that your more well-heeled competitor will be using, but, thes do know how to advocate well in court. They also do know how to find the needles in haystacks that say if your dog was ON_lead and the attacking dog was OFF-lead.. that the fault was not your dog. It doesn't matter if you were walking your dog, hamster, or velociraptor... an off-lead dog, NOT under it's owner's control, attacked yours. Did yours do more damage? Maybe so-- but that may NOT be the deciding factor here about what will happen. Your town may have leash laws, penalties for, etc.. I know, all things you have thought about before, but-- let free legal aid help fill in the blanks and get some real ammo here. If nothing else, they may know the judge who may have an animal bite case history, to see how he/she tends to rule. They may know just the teck to take here. HUGS to you!
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If your insurance is unwilling to settle, they should provide you an attorney.
to all my friends old and new I think the forum I chose may be innapropriate and will switch to 'current dog affairs'topic rescue GSD and lawsuit'.To reply to those who have answered so far-history of events available to members by clicking on my name my posts.have tried for help through legal aid and AARP does not cover this type of event/lawsuit.Kinda depressed hope to post soon.MODS would appreciate move to current dog affairs if NOT appropriate will close this post and repost.

DO NOT GIVE UP. I have often wondered what happened to you. Positive thoughts and feelings to you.

You should be PROUD of yourself for not giving up and believing in your boy.

Many hugs to you and your dog. I hate that you have having to go through this and for such a long time too. Please don't get to depressed about all of this. Stand strong, we are here for you.
Oh dear - I recall reading this and was so hoping that it had been dropped.

I detest the litigious era we are in - a lot of people will do anything for a dollar!

Hopefully you can find an attorney through a legal aid program in your area that will help you. Wonder if you can file suit against them for filing a malicous lawsuit against you?

Best of luck and keep us posted.
Originally Posted By: ttalldogI cannot afford attorney.
Quite frankly, you can't afford NOT to get an attorney. Look at the case of Rolo in the Current Affairs section. That case could have been much more easily handled and have had a better outcome if Rolo's owner had retained an attorney BEFORE the initial trial.

There are resources for low-income legal services. Every area has them. Most state bars are pushing for their members to do more pro bono work. Call your bar association and ask where you can go for some low-income or pro bono legal service. It's out there for people in your kind of situation. Take advantage of it!
quick update.I spoke to free attorney through senior citizen -she advised that insurance must cover this.Called insurance commissioner and they also said insurance company must respond.Insurance company just keeps telling me they are 'working on it' and refuse further info.
From what I have learned if I hire my own lawyer this RELEASES insurance co of responsibility.If they do NOT respond to summons I get a summary judgement against me.I can then sue insurance co(YEAH RIGHT).Please believe me this is an incident of contributory negligence and was not attack by viscious GSD but a dog fight free for all with no serious injury.
Check your insurance policy. Some indemnification provisions permit the indemnitee (you) to retain their own attorney at their own expense without affecting the obligation of the indemnitor (the insurance company).

Ask your insurance company who has been retained to represent you. You are still the named party and have a right to know who is representing you and for updates on the case.
It is strange to me how many kind responses you have received, despite not providing any information about the lawsuit.

Please, provide more specifics so people can at least respond intelligently to your concerns.
Timber1, I don't think it is always advisable for people to spill out Legal problems on the board. Most don't live in her area, we don't personally know her or her dogs, we weren't there when the incident happened. I believe that ttalldog is handling this in the correct manner by not putting all the details out on a public forum.

Something might get typed that could hurt her or her dog and Google is a wonderful tool for finding info like that.
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