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Judge Awards $45,480 In Cat's Death
Seattle Times ^ | May 9, 2005 | Warren Cornwall and Craig Welch

Posted on 05/09/2005 6:46:54 AM PDT by MississippiMasterpiece

Paula Roemer knows most people don't understand her passion for animals.

Some of her North Seattle neighbors aren't thrilled about the crows she attracts to her back yard with bird seed, she says. When she rescued a scraggly kitten abandoned on a pathway while she was vacationing in Israel 13 years ago, people reacted with disdain.

So when a neighbor's dog mauled and killed that same beloved cat, Yofi, last year, Roemer barely mentioned it to people she knew. But now she feels that she found one person who understood: a judge.

Last week, Seattle District Court Judge Barbara Linde ordered the dog's owner to pay $45,480.12 to Roemer for the cat's death.

"Not too many [people] value a cat," said Roemer, a retired, 71-year-old former junior-high-school teacher, who lives alone except for her animals. "You know what I'm saying: 'It's just a cat.' And I'm very, very thankful we had a judge who knew that a cat had some value."

The judgment may be among the largest amounts nationwide in lawsuits over the loss of pets, according to Roemer's attorney, Adam Karp of Bellingham, a specialist in cases involving animals.

"I do think it's the largest in our state for any type of animal, excluding, say, a Thoroughbred or other commercially valuable pets, or service animals," Karp said. "And I'm pretty sure it's the largest for a cat."

In 2003, a Snohomish County couple was awarded $25,000 in emotional damages when someone who was supposed to care for a horse and goats instead sold them for slaughter.

In a recent Texas case, the owner of a Mini-Schnauzer was awarded $10,000 in emotional distress when the dog escaped from a Petco grooming parlor and was hit by a car, according to Associated Press reports. In one New York case, the court found that a good dog's value increased with age, and its owner should be compensated accordingly upon the pet's untimely death.

The defendant in the cat case, Wallace Gray, pleaded guilty to an animal-control violation last October in Seattle Municipal Court. Court documents say he admitted that his dog killed a neighbor's cat in February 2004 "due in part to my negligence."

Gray said he just learned of the financial judgment yesterday from a reporter. "This is way out of hand. This is absolutely crazy," he said.

Gray said he had already served 21 days in jail and three months under house arrest for the animal-control violation. He wasn't living in the house with his dog at the time of the attack, he said, and the acquaintance who was taking care of his dog left town before the trial.

"I'm sorry she lost her cat, but I had no control over it," Gray said.

Gray added that he thought the punishment was excessive considering that dogs and cats are natural enemies.

"Cats eat birds and dogs eat cats," he said.

Gray did not appear in court for the case and was not represented by a lawyer, Karp said.

Judge Linde could not be reached for comment.

While Roemer predicts she won't collect a nickel from the judgment, she and her attorney take the ruling as a message that even cats count. She plans to give any money from the case to an animal-protection group.

Her lawyer says the public perception of cats puts them at a disadvantage.

"I think there tends to be a culture that says dogs are more of man's best friends and cats are aloof and can't bond," Karp said. "But if anyone has ever shared their bonds with a cat, they know that's utter nonsense. I think our society tends to devalue cats, and I think the judgment recognizes that cats, too, can mean the world to people."

Still, Roemer said, that can't erase the painful memory of what happened last year in her back yard, or the loss of a cat that slept in her bed, curled up against her stomach, nearly every day since she rescued it.

Roemer was in Israel visiting friends in 1992 when she came across a heap of matted fur covered with flies. Roemer stopped to offer the cat some water from a bottle cap.

"Here's this one cat that saw me as a savior and I couldn't walk away from her," she said.

She named the cat Yofi and finagled her way through customs and back into the United States, with the tiny white and black kitten in a pet carrier.

Back in Seattle, Yofi became a fixture in Roemer's house, she said, befriending other cats and dogs she adopted.

Then, Roemer said, one day in February 2004 she heard screeching coming from her back yard and saw a neighbor's dog, a chow, holding Yofi in its jaws and shaking the cat. Roemer said she tried to rescue Yofi but lost sight of the cat while trying to save another one of her cats and get the dog out of the yard. She found the cat dead in another neighbor's yard the next day.

Roemer said Gray's dog had repeatedly escaped from its yard before the incident, partly because a fence on the side of the yard had large gaps.

Roemer said she sued Gray out of grief and frustration.

"I didn't go to court to get money," she said. "I could either burn his house down or I could go and shoot his dogs in front of him and shoot him, or I could shoot myself. So I decided to be rational and get a lawyer."

Now, the cremated ashes of Yofi rest in a small ceramic jar on a table in the living room of her small Northgate house. Behind it stands a large card with Yofi's name written across it and a montage of photos of Yofi inside.

The house is a testimony to her devotion to animals. A framed, hand-painted portrait of eight cats she has owned hangs in her bedroom. Boxes of cat-food cans rest on a spare bed in another room. A piece of cardboard sits in her living room near the television with detailed instructions on how to take care of the animals in case she can't.

Roemer still has the company of her other animals, a Husky mix named Ginger and three black-and-white cats, including the latest addition, Patsy Cline. She adopted that cat several months after Yofi died, when it cried one day as she looked at it.

She knows some people may find her odd for her love for animals. But she's past making apologies.

"It sounds crazy that I value my animals more than I do people. I help out people, too," she said. "It's just that in my personal life, I get along better with animals."


TOPICS: Culture/Society; News/Current Events; US: Washington
KEYWORDS: activistjudges; animals; cat; cats; cityoflenin; crazycatlady; paws; peta; ruling; seattle; socialism
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To: MississippiMasterpiece

This isn't justice. The judge is looney.


41 posted on 05/09/2005 9:12:49 AM PDT by planekT (Go DeLay, Go!)
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To: Jersey Republican Biker Chick
Thank you. :)

42 posted on 05/09/2005 9:13:48 AM PDT by MeekOneGOP (There is only one GOOD 'RAT: one that has been voted OUT of POWER !! Straight ticket GOP!)
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To: Sacajaweau

Greer?


43 posted on 05/09/2005 9:38:11 AM PDT by ChefKeith (Apply here to be added to the NASCAR Ping List, Daytona is done but we got 27 more races to go...)
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To: MississippiMasterpiece
"due in part to my negligence.... I'm sorry she lost her cat, but I had no control over it...

So.... which is it?

44 posted on 05/09/2005 9:57:03 AM PDT by Not A Snowbird (Official RKBA Landscaper and Arborist, Pajama Duchess of Green Leafy Things)
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To: DLfromthedesert
And if she tries to enter his house, I hope he uses his second amendment rights. This woman and judge are wackos.

Please notice that my posting presumed a lawful court order, being executed by a law enforcement officer. Perhaps you should reconsider your position, as some might interpret it as advocating something you surely do not mean to suggest.

45 posted on 05/09/2005 9:57:40 AM PDT by neutrino (Globalization “is the economic treason that dare not speak its name.” (173))
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To: MississippiMasterpiece

I like cats. But I know of no cat worth that much money.


46 posted on 05/09/2005 10:02:36 AM PDT by SolidRedState (E Pluribus Funk --- (Latin taglines are sooooo cool! Don't ya think?))
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To: John O
the cat was property and the owner should be reimbursed the exact amount she had it insured for up to $500. (as no cat is worth more than that)

Clearly, the court disagreed. I applaud the court's decision.

Judgements like this are what lead to little old ladies houses being burned down.

Are you suggesting that the dog owner would engage in criminal activities such as arson and attempted murder? I wouldn't doubt it.

After all if the innocent dog owner (he didn't kill the cat after all) has his life ruined for a minor animal control violation he may as well take someone down with him.

No, not innocent. Rather, guilty of negligence, an established legal concept.

Furthermore, were he to decide to "take someone down with him", it would indicate that he had latent criminal tendencies. Why coddle such potential murderers?

I mean it's not like he shot the property.

So, if a drunk driver passed out at the wheel, and his car smashed into your nearest and dearest, you would advocate that he be excused? After all, he didn't consciously kill them - he was asleep at the wheel.

No, the court decided wisely. I do hope that the judgment is executed diligently.

47 posted on 05/09/2005 10:05:23 AM PDT by neutrino (Globalization “is the economic treason that dare not speak its name.” (173))
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To: All

Sheesh this guy is lucky... this cat owner went to court instead of hiring a hit man or something... LOL

I know several old ladies..including my mom (88yrs old) who would have beat the dog and dog owner to death with her walking stick.. :o)


48 posted on 05/09/2005 10:09:25 AM PDT by Tungenchek
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To: John O
the dog came on your property? It must be yours. Take it for a nice long ride out to the country (or better yet the middle of the big city) a hundred miles or so away and drop it off at the animal shelter. (or off a bridge, I'm easy) Problem solved

Does that also follow for children? How about endangered species? The UPS truck?

49 posted on 05/09/2005 10:10:15 AM PDT by Teacher317
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To: MississippiMasterpiece; Slings and Arrows; Glenn; quantim; republicangel; Bahbah; Beaker; ...
Kitty justice ping!
---
Kitty Ping List alert!

[Freepmail me to get on or off the Kitty Ping List.]

50 posted on 05/09/2005 10:11:10 AM PDT by Slings and Arrows ("You would have to double your IQ to be stupid. " --zip)
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To: John O
the cat was property and the owner should be reimbursed the exact amount she had it insured for up to $500. (as no cat is worth more than that)

You haven't priced Maine Coons or Bengals lately, have you? I had a Maine Coon that I got from a shelter (w/o papers); when he died of old age I looked into getting another one, and even pet-quality are more than $500. Bengals are the ones that look like teeny weeny leopards and tigers, and they start at $700 and keep right on going.

51 posted on 05/09/2005 10:14:06 AM PDT by nina0113
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To: MeekOneGOP
And sorry for all the pings today, guys.

Never apologize for pinging me! Highlight of my day. Just busy at work. Glad somebody's minding the store!

:D

52 posted on 05/09/2005 10:25:56 AM PDT by andyandval
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To: neutrino
The guy is getting shafted for a cat. Doesn't the absurdity of that register to you at all. It's exactly like accidently backing over someone's garbage can and having to pay $25,000 in damages.
53 posted on 05/09/2005 10:37:31 AM PDT by John O (God Save America (Please))
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To: Teacher317
Does that also follow for children?

Children are not property (unless you're with PETA)

How about endangered species?

Absolutely. Shoot. Shovel. Shut-Up

The UPS truck?

If he illegally parked his truck on your property you have every right to have it towed away

54 posted on 05/09/2005 10:40:00 AM PDT by John O (God Save America (Please))
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To: nina0113
OK. I've always just owned regular cats. Up the award to say $1000 then.
55 posted on 05/09/2005 10:41:55 AM PDT by John O (God Save America (Please))
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To: Hischild
Excuse me, but I would hardly classify a child with a parrot, hamster, or cat.

Ingrid Newkirk must be a poster at FR.

56 posted on 05/09/2005 10:42:59 AM PDT by beaversmom
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To: MississippiMasterpiece

Gee, I may just have to go get myself a cat...


57 posted on 05/09/2005 10:47:14 AM PDT by BlackRazor
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To: Slings and Arrows

Thanks for the ping. I like cats and I'm sorry her cat was killed but this judgment is ridiculous.


58 posted on 05/09/2005 10:48:39 AM PDT by beaversmom
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To: neutrino
I applaud the court's decision.

How do you justify the amount of the award, though -- $45,000. Why not $4,500? Why not $450,000? How do you arrive at that particular figure? Shouldn't there be some objective criteria for making awards? I can't find any in this case.

59 posted on 05/09/2005 10:49:32 AM PDT by BlackRazor
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To: MississippiMasterpiece
This is insane. The cat was loose. The dog was loose. The dog was at fault, not the owner, so the dog should be held liable for the infraction, not the owner. The dog, having been proved to be a killer, should be put down. If the dog owes any money then the dog should pay for the criminal activity. Now the owner was very irresponsible for letting the dog run loose. The dog killed a cat and there should be a criminal case, not a civil case. Even human murder cases there is only criminal prosecution, not civil case proceedings. I'd say there needs to be an appeal and a judge needs to find a new job.
60 posted on 05/09/2005 10:52:17 AM PDT by vetvetdoug (Shiloh, Corinth, Iuka, Brices Crossroads, Harrisburg, Britton Lane, Holly Springs, Hatchie Bridge,)
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