8 month old GSD puppy PTS after only owning for 19 days !!! - Page 7

OR maybe the buyer was in on it.  Hmmm, makes one wonder...

Hello everyone,

I was about to come back to this thread today as yesterday 6th Feb. was our day at the small claims court.

I was so prepared for the fight that was to erupt and I was correct, the moderator was excellent and from his calm demeanor and body language he tried to keep control of the whole situation, he tried to keep her interruptions to the minimal but it was not easy. She complained about the puppies weight at 29 kgs (actually a little  over weight), claimed that she limped from the day she took her home yet in an email sent 1 week after taking her home there was no mention of her , said that she was in a fight with her 8 month old female Rotti puppy requiring stitches to her face (incredible that I had never seen her aggressive with another dog) probably had something to do with them being able to run together unsupervised.

Though this person claimed that Ricci had hip dysplasia her vets comment was " apparently the dog limps at home"

Regarding the photo of the xray that I sent to the radiologist that proved that Ricci did not have HD but in fact had an excellent score of 2:4 >> she claimed that I should have asked her permission before sending it for evaluation (I did ask for her permission 5 times and she refused, I have the records to prove it), at least the moderator asked how I managed to have the photo and when she said that she sent it to me his replay was that if she sent it then it belonged to me to do as I wished.

I found the whole situation far too stressful and emotional, I am not the best fighter and my anger only made me forget the things that I really wanted to say along with her interruptions of EXCUSE ME every time I touched a nerve after an hour and a half of getting no where the moderator suggested a possible settlement of half the amount being asked for, I gave in ( all I wanted was to escape for that room and the husband and wife facing me.

Here is the offending xray that had her PTS --- not the best xray but good enough to be scored

What are their names?

dogshome9

From the evidence, it sounds like justice was not served. Ring the court and ask if there is a cooling-off period or some way to retract your agreement.

The moderator's primary role is not to see that justice is done, but to prevent matters from proceeding further. Your acceptance of his suggestion for a fifty-fifty settlement is his best outcome because there was no need for him or anyone else to make a determination.

It's not easy when you are in the unfamiliar surroundings of a courtroom and face-to-face with the other party who you had trusted to do the right thing by your puppy. The monetary loss from a quick settlement may have seemed like a low price to pay when compared with the emotional trauma of dealing with courtroom-hearings, paperwork, regulations and the always-present prospect of loosing a battle against someone you may have come to despise.

My take on the matter is that, for whatever reason, the other party was simply not happy with the puppy. These things happen, but in this case you were denied your rights by the killing of the puppy just 19 days after it had left your care. I think that the vet has some more questions to answer.

I want the names of these people so that I never sell them a puppy!!!
It was probably Pano that made her limp or something that happened in the dog fight. People are just so un-feeling and cruel!
Makes me want to vomit! Poor baby!!
Debby

Absolutely heart breaking.  So sorry you didn't have it in you to stand your ground.  I wish I could have been there with you.  You should post their names so that others do not sell to them.  They commited a crime and you ended up paying.  So sad.  RIP little pup. 

Me too Debisue! Not only would I have not given them anything but I would have asked for compensation... at least for mental/emotional duress from the murder of a healthy puppy, court costs, etc! May not have gotten it but I sure as hell would not have given them anything.
SOB's!
Debby

 Just a thought. I read this tragedy and what occurred to me was many people who have posted here in dismay are also people that throw a fit when they see people selling puppies with limited regs or with contracts or co ownership agreements... food for thought.  

I live in Australia so posting their names here would do no good. Saying that I have told as many people as possible about them and said for them not to sell these people another puppy.

During mediation they told me that they had seen a thread that I posted on an Aussie forum and they felt that as I had named the dog Cossavane Smartie Pants "Ricci" that they were open to criticism (though I did not expose them by name) and I should NOT have taken my problem to a forum (a public forum) as now they will never be able to purchase another GSD because of my thread. My take on that was >> she was still under my prefix which I owned so I can broadcast any where I wish and as they refused to share with me veterinary records I had no option and had to share my thoughts.

They said that they had been in contact with our Breed Club and the Canine Council and wanted me banned as they felt that I had breached their code of ethics, (neither of these associations of course would take any action of course as I had not broken any of their regulations)

They also threatened to take the Specialist Radiologist on for reading an actual photograph and not the xray and that I should not have sent him the photo without their consent ( yea I asked for that 5 timed and they refused.)

Bob I have always sold my puppies on the main register (though I will now review this) and I have never felt the need for contracts and many threads I have read say that contracts have no bearing in the legal system but after this I have finally drawn up a contract that would have covered me to some extent (possibly) with this awful episode of my life.

I would do as someone else suggested, contact the court and advise them you were distraught and are retracting your offer of 50% and want re mediation. Im sure there is something in your laws that allows a person to change their mind and "go to trial" so to speak. Ive had to represent myself before against attornies none the less so Ive always written down every thing I wanted to address because I would get so nervous, I just plain forgot what i wanted to say.

The fact that he found in your favor tells the court you INDEED HAVE A CASE. Go after them for everything!