justalayman
Senior Member
Seems terribly unusual to me but you still seem to ignore that I asked a question about it. I made no conclusion based on it
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My Service Dog killed by fed ex driver
- Thread starter Donna Lewis
- Start date
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Seems terribly unusual to me but you still seem to ignore that I asked a question about it. I made no conclusion based on it
Just Blue
Senior Member
quincy
Senior Member
Just Blue
Senior Member
What a novel idea.
Ohhh..Flower.
I do have my moments.
(sorry...I will leave the Disney references alone soon...)
Donna Lewis
Junior Member
Not my drive way.. I have lake front property.. 3 lots.. She was laying 4 foot off road. Sleeping.she was maybe 100 feet from me.. The driver ran off road onto my property. Hitting.a tree it had been raining so he try to correct his self as he hit Sage spinning her under truck out the back therefore she landed in middle of road his front and back tire. Keep in mind this is a 120 pitbull.. The driver said next day and I quote ..I didn't make any deliveries. Yet I had his truck number stating he.has never hit anything in 30 years. Yet the FedEx spoke person told. The.news reported that there was like 7 or 8 dogs chasing him. Funny cause I have sage vet bill she.just.had.surgery they took a tumor off her leg and she still had stiches. Keep in mind I didn't know when the.news reporter was comen. They was they for over 2 hours and never saw another dog.. I had to only dog.on my road point blank. And everyone know and loved her. Now they want to make it about her breed.. Not a service animal
Reguardless the police value her at 3000.00. But in al reailty she was PRICELESS .
Donna Lewis
Junior Member
She was a service dog for MEDICAL . SHE WAS NOT AN EMOTIONAL SUPPORT ANIMAL. MY GRANDSON Austistic and I have epilepsy
Donna Lewis
Junior Member
Sorry it has taken so long to answer your questions. Had a death in family then in hospital for the flu.. And it is a d felony in Arkansas that much I know.
not2cleverRed
Obvious Observer
When you make a claim, you will want to have copies of all your documentation about the dog's certification. Was this a seizure dog? If so, that's going to make him look especially bad, in my opinion.
I'm sorry for your loss. When it rains it pours.
While it's a felony, you can only report it. The local law enforcement and courts have to decide whether to actually charge him.
The one thing you can do, even if he does not get charged, if to make a claim against UPS, and, if they are not helpful, file a suit in small claims court.
Yeah, sounds like we have a case of "failure to control" vehicle here. How's the tree? Does it need an arborist? Hey, that's your property too (and if damaged, you should be compensated for that too). It's hard to argue that the trees were chasing him, unless he was taking some serious drugs. The fact that he hit the tree kind of indicates that he didn't have control of the vehicle. Bad weather is not an excuse - if he's got so much experience, he should know enough to slow down in inclement weather.
It is somewhat difficult to decipher your posts. It must be very stressful not having Sage to help you. I suggest that you contact the admin about changing your username to something less identifiable than your legal name. The news item can be easily googled using the information that you have disclosed here.
(Do not go by what the police value the dog at. It is not their area of expertise. Your vet should be able to refer you to sources for that.)
justalayman
Senior Member
Cops valuation is meaningless
Don’t let the people concerned about the breed. Your documentation proves it as a service animal. Personally I do t care for pits; it doesn’t matter. The people concerned with it being a pit (especially if they believe it changes the situation); it doesn’t matter. If it is a service animal, then it is.
I still don’t see why he wasn’t charged with hit and run. I don’t care how many dogs there were, trucks have doors. He could have sat in the truck and waited until police came. Maybe the prosecutor is reviewing the matter still.
Is he saying he didn’t make any deliveries that day or in your area? Either way if you have the truck number it kind of seals the deal, unless he had a replcement driver or he owns the route and it was one of his drivers (fedex does employ independent contractors as drivers st all levels. I believe fedex also has employee drivers as well but not certain). That may add to the complexity as it may absolve fedex of any liability. That’s something more in depth than I know offhand.
Nkt trying to be disparaging but I’m a bit ignorant on the subject. I thought service animals are trained for a particular person. Does this animal serve both you and grandson? Is there special training involved to make the dog able to serve two people? If so that would add to value of animal.
I don’t know what action you believe is a class E felony. Intentionally killling or injuring a service animal is a class D felony but unless you want to argue he intended to hit the dog, that obviously doesn’t apply. Is there some other crime you’re aware of that may apply?
https://law.justia.com/codes/arkansas/2010/title-20/subtitle-2/chapter-14/subchapter-3/20-14-304/
Along with the value of the animal, as another said; damage to a tree may be compensable.
One other thing to look at: does the loss of the dog require you to somehow replace the dog with special aids or services, at least until you can replace the dog? If so, that would be compensable as well.