Skip to comments.Dog owners keep most of $620,000 in damages
Posted on 09/22/2012 1:14:01 PM PDT by Politicalmom
The April verdict by a Frederick County jury that awarded $620,000 to a Taneytown family after their dog was shot by a sheriff's deputy was upheld by a Montgomery County judge.
An attorney for the Frederick County Sheriff's Office argued that the jury's verdict should be set aside because it went against the weight of the evidence presented during the seven-day trial. Michael B. Rynd asked Judge Marielsa Bernard to either set aside the verdict or grant his motion for a new trial.
Bernard heard the case after Frederick County judges recused themselves.
She denied Rynd's motion, saying it would be inappropriate to substitute her judgment for the jury's verdict. She issued her ruling Monday.
Rynd also filed a motion to have the $620,000 judgment lowered.
Bernard agreed with Rynd that Maryland law caps damages for veterinary bills at $7,500 and reduced the original $20,000 for those costs.
The rest of the award, $600,000, was for mental anguish, pain and suffering, according to court records.
Rynd argued that portions of that amount should have been decreased because the jury awarded the exact same amount to each of the two homeowners, Roger and Sandi Jenkins. Sandi Jenkins seemed more upset during testimony at trial, so the damages should be less for her husband, Rynd said.
Bernard denied that part of the motion.
On April 3, a six-person jury found Deputy First Class Timothy Brooks violated the Jenkinses' rights under the Maryland Constitution when he shot their chocolate Labrador retriever, Brandi, on Jan. 9, 2010, while he and Deputy First Class Nathan Rector were at their Bullfrog Road home looking for their son, who was wanted on a civil warrant.
(Excerpt) Read more at fredericknewspost.com ...
Your post sums this issue up perfectly.
Where do you draw the line donna? The kids maybe?
Your post makes no sense.
Started drinking early today?
Usually you’re not this incoherent until after midnight.
Is that a trick question? :)
Just fire the Chief of Police. It’s simple.
Here’s your problem:
“Resentment is like taking a poison and waiting for the other person to die.”
- Malachy McCourt
The CONSERVATIVE position - which is news to you:
The American economy suffers from excessive litigation which increases the cost of doing business and slows economic growth. The Club for Growth supports major reforms to our tort system to restore a more just and less costly balance in tort litigation.
Gingrich has been a clear and consistent advocate for lawsuit abuse reform for years. The Common Sense Legal Reform Act was part of the Contract with America in 1994, and was passed by both the House and Senate, but vetoed by President Bill Clinton. The bill would have reformed the tort system by penalizing frivolous and predatory lawsuits by imposing loser pays rules and capping punitive damages.
Its not news to me smart ass.Tort reform would be an excellent idea and the only problem is that most of the politicians are liars/lawyers and will not pass it.So you are left with the only recourse of jury awards against the perps in this case(cops).If you get in the wallet you will effect change.
Cool. The new chief comes in and keeps the policy. Net gain ZERO.
Donna, Whether you like it or not and your unique views of what conservatism constitutes aside, it is the responsibility of THE PEOPLE to restrain their government. The tools available are the ballot box and the courts. Then CW2.
Tort reform is great. I’m all for it. But RIGHT NOW the rules/laws are what they are and no conservative in their right mind refuses to use them ‘just cuz’.
If people refuse to live up to their responsibilities and vote out/down pols and laws that harm them, they should pay the cost of their decision.
I believe in being helping other people, even if it’s “not my problem”.
The neighbor had his shop broken into by a copper thief.
Did I say “Oh, thank God they didn’t hit us” and let it go?
I went right out the next day and bought a CC camera/DVR security system and set it up to watch not only our property but his, as well.
I am my brother’s keeper.
Love thy neighbor...etc etc.
God didn’t put me here to sit on my ass and do/say nothing about ‘evil’.
Next time, it could be *me* and I’d hope somebody would be there to back me up, in return.
Sadly, most people turn a blind eye and hope that their turn never comes.
“Well then, dogs get shot, live with that real world.”
What screwed up world do you live in where cops have a routine right to use deadly force on animals in residential settings?
The real world is a cop does this he gets sued, just like in the story. He should be prosecuted and thrown off the force.
It won't stop until the money comes out of the liquidation of the cop's pension and retirement benefits.
How many dogs have been saved?
“Fire the chief of police” is pathetically laughable.
They’re most “untouchable” of all.
It’s sad but true.
And expanded, it’s why we are in the situation we are in globally. Always someone elses’ responsibility. Real estate, banking, terrorism, anti semitism, et all.
Most turn that blind eye, blame others for their inaction and bitch to high heaven when violence comes knocking.
You just don’t hold the conservative position.
Why post on FR?
That would be perfect..but the *unions* will never allow it.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.