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Frequent Contributor
Posts: 81
Registered: ‎04-24-2015

Re: DID THIS JURY GET IT RIGHT?


@Marp wrote:

@Dash wrote:

Yes, I love dogs, but that's not the,point.  $1 million is an outrageous verdict. Rarely are such sizable verdicts awarded for the death of humans, unless the human is, supporting a family, the breadwinner.  It's sad that a dog died, but a dog is personal property, same as your tv or car, nothing more, as a matter of law.  


I'm happy that you love dogs but please love them from a distance.

 

Awards such as this are meant to send a message that a particular behavior is not acceptable and hopefully will prevent another incident such as this.

 

 

 

The purpose of a jury award is to compensate for a legally compensable injury.  The purpose is NOT to send a message.  It seems the jury was angry  nd that is why I think the verdict is vulnerable on appeal.  

Honored Contributor
Posts: 18,752
Registered: ‎03-09-2010

Re: DID THIS JURY GET IT RIGHT?


@Dash wrote:

@Marp wrote:

@Dash wrote:

Yes, I love dogs, but that's not the,point.  $1 million is an outrageous verdict. Rarely are such sizable verdicts awarded for the death of humans, unless the human is, supporting a family, the breadwinner.  It's sad that a dog died, but a dog is personal property, same as your tv or car, nothing more, as a matter of law.  


I'm happy that you love dogs but please love them from a distance.

 

Awards such as this are meant to send a message that a particular behavior is not acceptable and hopefully will prevent another incident such as this.

 

 

 

The purpose of a jury award is to compensate for a legally compensable injury.  The purpose is NOT to send a message.  It seems the jury was angry  nd that is why I think the verdict is vulnerable on appeal.  


It's done all the time, nothing new.

Esteemed Contributor
Posts: 5,069
Registered: ‎05-27-2016

Re: DID THIS JURY GET IT RIGHT?


@Dash wrote:

@Marp wrote:

@Dash wrote:

Yes, I love dogs, but that's not the,point.  $1 million is an outrageous verdict. Rarely are such sizable verdicts awarded for the death of humans, unless the human is, supporting a family, the breadwinner.  It's sad that a dog died, but a dog is personal property, same as your tv or car, nothing more, as a matter of law.  


I'm happy that you love dogs but please love them from a distance.

 

Awards such as this are meant to send a message that a particular behavior is not acceptable and hopefully will prevent another incident such as this.

 

 

 

The purpose of a jury award is to compensate for a legally compensable injury.  The purpose is NOT to send a message.  It seems the jury was angry  nd that is why I think the verdict is vulnerable on appeal.  


@Dash You are under the assumption that there will be an appeal?  Why?

*Call Tyrone*
Esteemed Contributor
Posts: 7,747
Registered: ‎03-09-2010

Re: DID THIS JURY GET IT RIGHT?


@Dash wrote:

It's unfortunate you can't discuss a legal issue without getting overly emotional and personally hateful.  


Since I was the one that responded to your post it appears your  "personally hateful" comment is assigned to me.

 

Believe me when I tell you that if I were to tell you what I think about anyone that can think of a beloved pet as a piece of personal property, irrespective of what the law states, you would know what hateful really is.  However, since I enjoy posting here I will sit on my fingers and keep my thoughts on that subject to myself.

The eyes through which you see others may be the same as how they see you.
Honored Contributor
Posts: 18,752
Registered: ‎03-09-2010

Re: DID THIS JURY GET IT RIGHT?

[ Edited ]

In San Jose CA, a man who killed 20 cats before he was caught was just sentenced to 16 years in jail.

 

When sentenced, the judge read aloud all names of the beloved pets.

 

Times are changing, the law no longer routinely sees pets on the same level as a television set.

 

* Numbers corrected.

Respected Contributor
Posts: 2,910
Registered: ‎05-08-2017

Re: DID THIS JURY GET IT RIGHT?


@Dash wrote:

@Marp wrote:

@Dash wrote:

Yes, I love dogs, but that's not the,point.  $1 million is an outrageous verdict. Rarely are such sizable verdicts awarded for the death of humans, unless the human is, supporting a family, the breadwinner.  It's sad that a dog died, but a dog is personal property, same as your tv or car, nothing more, as a matter of law.  


I'm happy that you love dogs but please love them from a distance.

 

Awards such as this are meant to send a message that a particular behavior is not acceptable and hopefully will prevent another incident such as this.

 

 

 

The purpose of a jury award is to compensate for a legally compensable injury.  The purpose is NOT to send a message.  It seems the jury was angry  nd that is why I think the verdict is vulnerable on appeal.  


 

I'm not sure what the appealable issue would be for a jury verdict.  Verdicts do indeed exceed compensatory damages. Juries are free to assess whatever amount they choose for general damages and punitive damages.

 

A judge can reduce an award by remittitur if the award is more than what the plaintiff asked for.

Contributor
Posts: 73
Registered: ‎08-07-2012

Re: DID THIS JURY GET IT RIGHT?

I agree with Nicksmom, very devastating event but it is a dog and tax dollars pay these monies out of our pockets.  

Honored Contributor
Posts: 18,752
Registered: ‎03-09-2010

Re: DID THIS JURY GET IT RIGHT?


@mrssims wrote:

I agree with Nicksmom, very devastating event but it is a dog and tax dollars pay these monies out of our pockets.  


Then make sure your police officers are better trained than so many others, and have them wear cameras which is now common practice.  

Honored Contributor
Posts: 20,570
Registered: ‎06-13-2012

Re: DID THIS JURY GET IT RIGHT?

To think of a living being only as someone's "personal property" disgusts and saddens me. 

Honored Contributor
Posts: 39,914
Registered: ‎08-23-2010

Re: DID THIS JURY GET IT RIGHT?

 

I don't know about the makeup of the jury, but I sure want to record the name of that attorney ... just in case, lol.   Woman LOL