I went for jury duty Monday. I was dreading it but Grant took me downtown so I didn't have to fight the parking nightmare. I arrived about 7:45 which is way before I normally get my butt out of bed. I worried about what to wear which is stupid because some people show up looking like bums off the street. I met a nice lady and we visited with each other till we were finally called out on about the sixth jury selection. We were shown to the courtroom and greeted by the presiding Judge. She was very nice as I am sure she wants to keep her job. I was selected to sit in the jury box and be questioned. The case was about a dog biting someone so we were asked if we had dogs, had we ever been bitten, etc. I have been bitten three times and all three times without me maliciously provoking the dog. However, all three dogs for some reason, felt threatened by me or they wouldn't have decided to see how I tasted. After everyone was questioned, I made the final jury selection. This was a civil case and the prosecutor had the nerve to ask me if I understood the difference in a civil case and a criminal case. ME? The person that grew up watching Perry Mason and that has read every John Grisham book and even seen the movies. I have watched numerous Law and Order episodes, Boston Legal, Allie McBeal, and whatever that other one was that preceded Boston Legal with Camryn Manheim. I wanted to jump on his face and tell him I probably had a higher IQ than he had dreamed of having. Any way, here is how the case went.
The person that sued said he had been homeless in Florida, due to the hurricanes (?), and had come to Bethany to live with his brother and roommate. He had been there one month and had found a job. They had three rat terriers and they were all friendly animals. Sammy, the one that bit him, even slept with him at night. Sammy, by the way, was 11 years old and blind. We will call this guy Joe because I don't even remember his name. He appeared clean and neat but had a hollow gauntness about him, very skinny. He supposedly had been on the computer taking a Florida driving test online to get his drivers license renewed. He then laid down in the floor by Sammy and was petting him when he viciously bit him on the face. He jumped up and the dog was still attached to his face. He cleaned the wound after getting the dog off and then went to bed and to work the next morning. That afternoon after work, he went to VA hospital because his face was red and swollen. The bite was infected and he was admitted, kept for five days, and had a hospital bill of 24,000 dollars. He wanted money from the defendents to pay this bill plus money for his pain and suffering. That pretty much sums up the prosecutors case. They submitted the hospital bill as evidence.
Then it was time for the defense to present their case. The defendents were Joe's brother, Chris, and his roommate, David. First they announce that Chris didn't show up for the trial today, but they were going to present his testimony from his deposition. Chris and David's testimony was consistent. Chris had said that his brother was homeless becasue he was living with their mother in Florida. She died and they had to sell the house. This left Joe homeless so Chris and David bought Joe a plane ticket to Oklahoma city so he could stay with them till he got a job and a place to live. He found a job and about a month after he moved in he was bitten by the dog. However, he was playing rough with the dog, batting his head back and forth with his hands. He was one the floor facing the dog when it lunged at his face and bit him. He jumped up and the dog let go immediately. They were laughing about it because the dog had a woody (erection) and they thought it was funny. Joe wasn't amused. David helped him clean the wound. They then testified that Joe waited about four or five days before seeking medical attention and went to the VA Hospital. A few weeks later he started having gall bladder problems and was admitted to St. Anthony Hospital for gall bladder surgery.While in the hospital, he decided to call Animal Welfare and report being bitten. He then told David that he was going to sue, and if David would go along with his testimony, he would split the money with him. This was basically the end of the testimony. We were instructed to go to the jury room and all we had to decide was whether the dog was provoked. The burden of proof was on the prosecution to prove that the dog was NOT provoked. If we sided with the prosecution, then we had to come up with an amount that Joe should receive for his bills and suffering.
First of all, I think this whole case should have been thrown out for lack of evidence. Second of all, it is a sad day when one brother sues another brother over a freaking dog bite. Normally, I would have said, if you own a dog, you are liable for what that dog does. However, what we discovered in the jury room was a whole other ballgame. The hospital bill included not only treatment for a dog bite that maybe had infection but required no stitches (thus the dog did not hang from his face), but he was treated for chest pains, a rash, jaw pain from rotten teeth, had a stress test and numerous other symptoms including insomnia. It was also revealed that he suffers from hepatitis C. So he probably is or has been a druggie. The conclusion we came to is that he is a liar and a user. So we voted to deny the claim. He did not prove that he did not antagonize the dog. And we sure couldn't take his word for anything. Doesn't it make you proud that your tax dollars went to pay me and twelve other people to sit and listen to this garbage? But it was only $20 each, so it was nothing like the mega bonuses the liars in banks and on Wall Street get. Still a waste of your money and my time. I could have been making munchkin costumes. Woohoo.
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