On 07/07/16, at 6:25pm, I called dog owner Alex Ginsberg for a follow-up in regards to a injury-possible dangerous or vicious dog/owner surrender. I asked Mr. Ginsberg what took place, Mr. Ginsberg stated on 07/03/16 at approximately 8:30am, he was in the kitchen with his girlfriend, he was heating up food in the microwave and his girlfriend was trying to place a dog harness on their dog name Cooper. Mr. Ginsberg stated that food can trigger Cooper in becoming hyper and unpredictable. Mr. Ginsberg girlfriend was having difficulties getting the harness on Cooper due to his behavior, Mr. Ginsberg switched places with his girlfriend, as he was putting the harness over Cooper’s head the dog turned around and bite Mr. Ginsberg on his left hand.
Preblich, on December 13, 1984, the plaintiff was driving through an alley behind his residence when he noticed that the lights of the defendants’ car were on. Through the back door of the house, he informed the defendant, and a friend of the defendant who had borrowed the car, that the lights were on. As the defendant’s friend opened the door of the home to go turn off the lights, the defendants two year old, thirty pound spaniel ran out the door and down the footpath towards the alleyway. Unbeknownst to the plaintiff, as the plaintiff walked down the footpath towards his car, the spaniel ran behind him, bumping into the back of the plaintiff's legs, causing him to lose his balance and fall. As a result of the fall, the plaintiff broke his wrist, and allegedly sustained back injuries. Boitz v. Preblich, 405 N.W.2d 907, 909 (Minn. Ct. App. 1987). In this case, the court held that injuries inflicted by a dog outside the scope of a vicious attack are not, as a matter of law, excluded from coverage under the Minnesota dog owner's liability statute. The court reasoned that the statute does not indicate a limitation to vicious attacks, as the phrase "or injures" fully encompasses injuries other than those sustained by an attack. Id. at 910. The court also held that since the phrase “or injures” comprises injuries other than those from an attack, a dog owner may also be held liable under the Minnesota statute for injuries caused by the dog’s accidental or innocent
In our case, the plaintiff was more aggressive toward the dog by striking it with her shoe. In Pulley v. Malek, the plaintiff was attempting to assist the dog and ended up accidentally harming the dog by picking it up. 495 N.E.2d 402 (Ohio 1986). In both cases, the dogs received physical pain as a result of the plaintiff’s conduct. Applying the same definition of tormenting used by The Supreme Court of Ohio in Pulley, to our case, it is likely that Monica’s conduct will constitute as tormenting, if not abuse.
On 10/21/2017, Deputy Warden W. Jones with Franklin County Animal Care and Control (FCACC) investigated an injury-possible dangerous or vicious dog incident involving victim Linda Courson. Ms. Courson was walking her dog near 491 Townsend Ave when two Pit Bulls (Tan) came charging out of the above stated address and attack her dog. Ms. Courson sustained injuries during the incident from the two pit bulls knocking her over. Deputy Warden W. Jones collected a statement of facts from Ms. Couson. Deputy Warden W. Jones went to the above stated address and knocked on the door. He received no answer and left a door notice. Deputy Warden W. Jones requested a follow-up to the above stated address to talk to the dog owner and cite and designate
On 06/20/17 at 1:50pm, I Deputy Warden N. Christian was patrolling the 2100 Block of Lynbridge Drive when I saw a brindle/white pit bull running loose in the area. I took pictures of the dog loose. I exited my vehicle and chase the pit bull to the backyard of a fence in house. I placed a leash on the pit bull and put her in my vehicle. The pit bull had no identifying tags to indicate ownership. I transported the dog to the Franklin County Animal Shelter (FCACC). Dog owner Devon Gordon redeemed the dog on 06/24/17. Ms. Gordon did not show proof of dog license or vaccinations. I issued Ms. Gordon violations for failure to license, failure to vaccinate and failure to control her dog name Baby.
App. LEXIS 955, at *10 (citing 4 Am. Jur. 2d Animals § 69 (2015)). If the owner is not aware and does not have any reason to know that his dog has any dangerous propensities, then the owner will likely not be liable for the first mischief that occurs. Hood v. Waldrum, 434 S.W.2d 94, 99 (Tenn. Ct. App. 1968). For example, in Moore v. Gaut, James Moore, the complainant had to prove that Michael Gaut, the owner of the dog involved, knew or should have known that his dog had dangerous propensities, making him liable for the dog bite injury. The evidence provided to the court never showed any record that the dog had ever engaged in behavior that could have been viewed as dangerous behavior. Moore, 2015 Tenn. App. LEXIS 955, at *5. The Court of Appeals agreed with the trial court that Gaut negated the third element for dog bite liability when he testified that “his dog never bit or attacked anyone before Plaintiff.” Id. at *13. Gaut genuinely believed his dog was “friendly, gentle, and jovial before the bite occurred.” Id. at *14. Since Gaut was unaware of any dangerous propensities, he was found not liable for the dog bite to Moore. Id. at *15.
Plaintiff, Dobbie Brown, a minor child, has brought a cause of action with his parents, Michael and Tina Brown against our client, defendant, Lawrence Vincent Smith for statutory liability under Florida’s dog bite statute. On October 31, 2009, around 9:30 p.m., Plaintiff, along with seven other children came running up to our client’s property to trick or treat. Plaintiff ran to the glass window where owner’s dog Beast was. Plaintiff began to pound on the window yelling, “Trick or Treat!!” while Beast barked, ran back and forth and jumped around. Our client answered the door a few minutes after he went to retrieve his hot biscuits from the oven. When our client answered the door, the kids were screaming “Trick or Treat” at the top of their lungs. Plaintiff was dressed up in a cat costume. When our client opened the door, and handed Plaintiff a biscuit, Beast sprang up from the door and bit off Plaintiff’s finger. Our client quickly restrained Beast, wrapped up Plaintiff’s hand along with the severed finger and took Plaintiff to the hospital where doctors were able to successfully reattach the severed finger. Our client had purchased Beast about eight months before the incident. The Beast is an eight to ten pound Yorkie who has bitten our client’s niece on a prior occasion, although the bite was minor. The Beast has been around children in
At 12:52 p.m, I contact the BARC shelter and spoke with a supervisor, Laura Griffith, and she confirmed receipt of my email containing Carter 's veterinary records, photograph to identify the dog and proof of Chloe 's status as an out of state student. I next inquired about whether the shelter would reconsider requiring Carter to be altered in light of the conversation with Animal Control Officer Smith on January 14th. Officer Smith advised that the shelter supervisor had discretion over whether to alter an animal animal control. Ms. Griffith stated that BARC had contacted animal control earlier that morning, January 15, 2017, and spoken with Supervising Officer Howard who indicated that the dog must be altered. When I requested the
Six months ago, almost to the day, my best friend and her new puppy were attacked. She was dog sitting her grandmother’s Mastiff, whom at the time had no previous violent history. She kept the Mastiff and her puppy in separate rooms in order to make sure there were no problems, but that wasn’t enough. One day, out of nowhere, the Mastiff broke down the door separating them and went on a full-fledged attack toward the puppy. My friend tried to make it out of the door of the house, but to no avail. The Mastiff bit her by the arm and dragged her to the ground forcing the puppy
Through a careful interpretation of A Defense of Poetry by Percy Bysshe Shelley and Democratic Vistas by Walt Whitman, one can gain a holistic sense of poetry, what it is and what it does, that can be applied to literary texts of all times. One can better understand Allen Ginsberg's "America" through an examination of the aforementioned texts as well. The literary merit of the poem is best recognized through Walt Whitman's Democratic Vistas, although Percy Bysshe Shelley's A Defense of Poetry also contributes some very critical parallels to the poem and its characteristics.
As different eras come and go we can usually decide what they consisted of, more specifically of what was cool in their era. For example, Allen Ginsberg and the rest of the Beatniks were key figures of the Beat Generation and are the people who come to mind when thinking of cool in the 1950’s and 60’s. By looking at them and everyone else from this generation, once can begin to understand what it was like to live in this era – it was clear people wanted to get out of the pretentious bubble that society was enclosing them in. But what does cool or hip even mean in present day? In “Cool Story” by Carl Wilson, he analyzes who or what can be seen as cool today and if its meaning has changed, from having context behind the word or if it is just
In Allen Ginsberg’s “America,” the speaker angrily blasts America in a one-sided argument. In this poem America is personified and is addressed by the speaker as if it were human. After calling himself America the speaker asks several rhetorical questions that make the reader think about America’s ethical and moral values while questioning its goals and ambitions. In essence, the speaker presents to the reader those unanswerable questions that neither himself nor him as America are able to answer.
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Late one night in February 2014, Jack Farrell, 80 years old, called 911 to report a dog attack. He had woken up bleeding on his kitchen floor, his left arm in the jaws of his adopted German shepherd, Max. “ I thought he had turned on me,” said Jack, a retired firefighter. Later, Jack found out that Max actually saved him from carbon monoxide poisoning.When Jack had gotten out of bed during the night, he’d passed out from inhaling the gas and collapsed to the floor. Max likely tried to wake the man by clawing his face. So the dog took Jack’s left arm in his mouth and pulled the man from the bedroom and down the hall, intending to drag Jack out of the house. “He saved my life,” Jack said. Animals bring a number of benefits to their human companion,
Allen Ginsberg was one of the founding fathers of what is considered the Beat Generation and the Beat Movement. Throughout his entire life he wrote multiple poems which voiced his certain opinions and thoughts about what America had been going through at the time. American poet, writer, and philosopher, Allen Ginsberg uses his life experiences and ideas on resistance, freedom, and the Beat Movement to express specific ideas within his poems.
Allen Ginsberg’s poem “America” is a one-sided poem that should be viewed as an attempt to question America’s ethical and moral values during early 1950. He starts out by using sarcasm to show his disaffection with the political movements and figures of the time. Ginsberg confesses to behaviors to which do not comply with the social norms of the day. He was known to experiment with illegal drugs, “I smoke marijuana every chance I get” (Ginsberg). He engaged in sexual practices, drank in excess, and condemned America. He himself was part of the counterculture of the 1950s known as the Beats. He was considered a spiritually and sexually liberated ambassador for tolerance and enlightenment (PBS, 2015). “America” is filled with accusations about America; the author asks us to consider several rhetorical