1
00:00:00,233 --> 00:00:02,667
She's paying you to watch the dog.

2
00:00:02,734 --> 00:00:06,533
Unfortunately, he got hit.
His leg looked pretty bad.

3
00:00:06,600 --> 00:00:09,166
But for the leg, he was okay.

4
00:00:09,233 --> 00:00:12,633
No. I spoke to a gentleman. He said
we're going to have to put this dog down.

5
00:00:12,700 --> 00:00:14,900
I thought it was a joke.
I didn't believe him.

6
00:00:14,967 --> 00:00:19,200
I want to understand how it is you can
take money to keep someone's animal

7
00:00:19,266 --> 00:00:22,100
and then say, "Well, you know what?
I made a mistake. Just kill it."

8
00:00:22,166 --> 00:00:24,667
[narrator] Now on Tribunal Justice.

9
00:00:24,734 --> 00:00:26,266
[theme music playing]

10
00:00:46,433 --> 00:00:49,567
[narrator] Today's case
was filed in Washington, DC.

11
00:00:50,266 --> 00:00:52,700
[Byrd] Your Honor,
this is case number 3007 on the calendar

12
00:00:52,767 --> 00:00:55,033
in the matter of Thomas v. Brewton.

13
00:00:55,100 --> 00:00:57,667
Parties have been sworn in.
You may be seated.

14
00:00:57,734 --> 00:01:00,200
-[Acker] Thank you, Byrd.
-You're welcome, Judge.

15
00:01:00,266 --> 00:01:03,100
So, Ms. Thomas,
you went away for your birthday

16
00:01:03,166 --> 00:01:08,100
and you entrusted the care
of your dog, Rocky, to the defendant.

17
00:01:08,166 --> 00:01:10,633
-Correct.
-Who is a dog sitter

18
00:01:10,700 --> 00:01:12,567
-and a dog trainer.
-Yes, Ma'am.

19
00:01:12,633 --> 00:01:15,166
Unfortunately, a few days into the trip,

20
00:01:15,233 --> 00:01:18,467
you received the call from the police,
advising you that Rocky

21
00:01:18,533 --> 00:01:20,800
had been injured in a car accident,

22
00:01:20,867 --> 00:01:23,667
that Rocky's leg had to be amputated,

23
00:01:23,734 --> 00:01:26,967
and you are now suing the defendant
for $10,000,

24
00:01:27,033 --> 00:01:28,533
which is our court maximum.

25
00:01:28,600 --> 00:01:32,366
And you allege that he owes you
for Rocky's vet bills,

26
00:01:32,433 --> 00:01:35,567
a refund of the dog training fees
that you paid him,

27
00:01:35,633 --> 00:01:39,433
for Rocky's medicine,
and also for your emotional distress.

28
00:01:39,500 --> 00:01:41,866
-Yes, Ma'am.
-Mr. Brewton, you maintain

29
00:01:41,934 --> 00:01:45,000
that while you feel horrible
about what happened to Rocky,

30
00:01:45,066 --> 00:01:48,166
you don't agree with her choice
to keep Rocky around,

31
00:01:48,233 --> 00:01:50,667
"Therefore, I owe her nothing."

32
00:01:50,734 --> 00:01:53,734
Let's put up a picture of Rocky so we know
who we're talking about.

33
00:01:53,800 --> 00:01:55,133
Exhibit one, please.

34
00:01:55,200 --> 00:01:57,967
How old was Rocky when you
dropped him off with the defendant?

35
00:01:58,033 --> 00:02:01,633
[Nicole] Um, 11 months and 29 days old.

36
00:02:01,700 --> 00:02:02,900
[Acker] What breed is he?

37
00:02:02,967 --> 00:02:05,333
American Staffordshire Terrier mix.

38
00:02:05,400 --> 00:02:08,133
Did you do any training with him
before you gave him to the defendant?

39
00:02:08,199 --> 00:02:09,233
[Nicole] My own training.

40
00:02:09,300 --> 00:02:12,367
So, how did you find him?
How do you know the defendant?

41
00:02:12,433 --> 00:02:14,333
He's a really good friend of the family.

42
00:02:14,400 --> 00:02:16,300
He used to detail our cars.

43
00:02:16,367 --> 00:02:21,100
I also did work for him
as far as his flyers, and his website…

44
00:02:21,166 --> 00:02:22,367
[Acker] So family friends.

45
00:02:22,433 --> 00:02:27,100
How long have you been in the dog-sitting
slash dog-training business?

46
00:02:27,166 --> 00:02:31,133
I've had my LLC
for my business since 2004.

47
00:02:31,200 --> 00:02:35,000
I'm 54. I've had a dog
probably 50 of those 54 years.

48
00:02:35,066 --> 00:02:37,567
[Acker] Did you receive any professional
or formal training for that?

49
00:02:37,633 --> 00:02:38,966
No. No, I did not.

50
00:02:39,033 --> 00:02:41,500
How did you first get into the business?

51
00:02:41,567 --> 00:02:45,567
As I said, I'm 54,
I've had a dog 50 of those 54 years.

52
00:02:45,633 --> 00:02:47,633
-I've never been without a dog.
-Because you love them

53
00:02:47,700 --> 00:02:49,834
-and like working around them.
-I love dogs. Yes, Ma'am. Yes.

54
00:02:49,900 --> 00:02:54,033
And at the time that the plaintiff
dropped Rocky off with you,

55
00:02:54,100 --> 00:02:56,433
how many dogs were in your custody?

56
00:02:56,500 --> 00:02:59,400
All of the dogs in my custody,
all of the dogs they were mine.

57
00:02:59,466 --> 00:03:01,767
I have three Cane Corsos.

58
00:03:01,834 --> 00:03:03,567
-I have a Cane Corso--
-[Acker] How old were they?

59
00:03:03,633 --> 00:03:05,400
The mother is two.

60
00:03:05,467 --> 00:03:09,300
Uh, the puppies, they were about six
or seven months when she was there, but…

61
00:03:09,367 --> 00:03:11,166
Six or seven months at the time…

62
00:03:11,233 --> 00:03:14,033
-Yes, Ma'am. Yes, Ma'am. Yes.
-…that you dropped them off.

63
00:03:14,100 --> 00:03:17,500
[Acker] So now let's fast forward
to June 27th

64
00:03:17,567 --> 00:03:20,900
when you get a call from the police.
What did they say?

65
00:03:20,966 --> 00:03:26,100
Okay. That morning-- The 27th
was my birthday, so that morning

66
00:03:26,166 --> 00:03:28,600
I missed the first call
from the police officer.

67
00:03:28,667 --> 00:03:31,934
Then I got a text message from DC Police,

68
00:03:32,000 --> 00:03:36,033
"We have your puppy, Rocky.
It appears he has been injured."

69
00:03:36,533 --> 00:03:38,667
I thought it was a joke.
I didn't believe them

70
00:03:38,734 --> 00:03:40,533
because I left him with Mr. Brewton.

71
00:03:40,600 --> 00:03:44,400
So I called Mr. Brewton on
his business line and his regular phone,

72
00:03:44,466 --> 00:03:45,466
he didn't answer.

73
00:03:45,533 --> 00:03:48,400
Once he didn't answer, panic set in.

74
00:03:48,466 --> 00:03:49,834
Now, I'm starting to freak out.

75
00:03:49,900 --> 00:03:51,834
So when I called the police officer back,

76
00:03:51,900 --> 00:03:55,367
she let me know that they had Rocky
in custody, he was in bad shape.

77
00:03:55,433 --> 00:03:58,000
Let me stop you right there
and talk to Mr. Brewton for a moment.

78
00:03:58,066 --> 00:04:00,233
-[Hiram] Mm-hmm.
-The way you describe the incident

79
00:04:00,300 --> 00:04:04,266
in your answer, Sir, is that
Rocky ran away, fled the coop.

80
00:04:04,333 --> 00:04:07,834
That you chased Rocky for several blocks.

81
00:04:07,900 --> 00:04:10,200
May we put up Exhibit 8, please?

82
00:04:10,266 --> 00:04:13,200
So, describe that scene for me, Sir.

83
00:04:13,266 --> 00:04:16,100
[Hiram] So, my dogs
are in the front yard playing.

84
00:04:16,166 --> 00:04:19,600
It's Sadie, who is the mom.
Sadie, Sosa, and Ghengis.

85
00:04:19,667 --> 00:04:22,433
I say "house."
Everybody comes to the house.

86
00:04:22,500 --> 00:04:25,133
Sosa is taking a little longer to come.

87
00:04:25,200 --> 00:04:28,367
And when he's inside, I'm telling him,
"You can't do this, you gotta--"

88
00:04:28,433 --> 00:04:30,667
Just chastising him, talking.

89
00:04:30,734 --> 00:04:34,166
And Rocky is leaning up against the door,

90
00:04:34,233 --> 00:04:37,000
and the catch is loose.

91
00:04:37,066 --> 00:04:40,700
-So, uh, Rocky-- Yes.
-[Acker] Got out.

92
00:04:40,767 --> 00:04:43,600
Would you point out for us your home

93
00:04:43,667 --> 00:04:45,700
and then kind of the path that you…

94
00:04:45,767 --> 00:04:48,533
-Absolutely.
-…traversed as you were chasing Rocky.

95
00:04:48,600 --> 00:04:51,133
Okay, I live here.

96
00:04:51,200 --> 00:04:55,100
So, I'm calling him,
and he had been doing great.

97
00:04:55,166 --> 00:04:57,900
Doing our training sessions
the days leading up,

98
00:04:57,967 --> 00:05:01,133
uh, but he turned to run.

99
00:05:01,200 --> 00:05:05,533
I had on a cut-off T-shirt, shorts,
and some socks.

100
00:05:05,600 --> 00:05:09,033
I didn't have on any shoes.
So I turn this way

101
00:05:09,100 --> 00:05:11,934
because I'm asking neighbors or anybody
in there, have you seen it?

102
00:05:12,000 --> 00:05:14,800
So they're thinking
I'm looking for my puppies.

103
00:05:14,867 --> 00:05:17,166
How long are you chasing Rocky?

104
00:05:17,233 --> 00:05:18,667
Twenty-five minutes.

105
00:05:18,734 --> 00:05:20,834
At what point do you stop the pursuit?

106
00:05:20,900 --> 00:05:23,066
-When one of the--
-You can go back to the stand, please.

107
00:05:23,133 --> 00:05:24,800
A person coming up the street sees me.

108
00:05:24,867 --> 00:05:26,867
They ask me,
am I looking for a little dog?

109
00:05:26,934 --> 00:05:30,332
I tell them yes.
They say, unfortunately, he got hit.

110
00:05:30,400 --> 00:05:31,834
His leg looked pretty bad.

111
00:05:31,900 --> 00:05:35,033
There's a lady in a Volkswagen Beetle
who just picked him up.

112
00:05:35,100 --> 00:05:37,567
[Acker] All right.
Ms. Thomas, you subsequently learn

113
00:05:37,633 --> 00:05:40,433
that Rocky has to have his leg amputated.

114
00:05:40,500 --> 00:05:41,900
-Yes, Ma'am.
-[Acker] Now,

115
00:05:41,967 --> 00:05:44,667
I want to kind of cut
to what is the heart of this dispute,

116
00:05:44,734 --> 00:05:50,567
and what this really comes down to
is a question over Rocky's value

117
00:05:50,633 --> 00:05:54,467
because you're not denying, Sir,
that you were negligent?

118
00:05:54,533 --> 00:05:56,700
-Not at all.
-You said

119
00:05:56,767 --> 00:06:01,533
that $3,000, which is what she has to pay
for Rocky's medicine and supplies,

120
00:06:01,600 --> 00:06:04,800
is too much for a three-legged dog.

121
00:06:04,867 --> 00:06:08,200
Now, how is it that you come
to the conclusion

122
00:06:08,266 --> 00:06:12,800
that a dog whose leg has been amputated
because of your negligence…

123
00:06:12,867 --> 00:06:15,033
-Mm-hmm.
-…should now just be put down.

124
00:06:15,100 --> 00:06:17,133
Because that's what you said
in your messages to her.

125
00:06:17,200 --> 00:06:19,900
Okay, so the dog wasn't in a good place.

126
00:06:19,967 --> 00:06:24,332
I deal with, um, several dog agencies
in the area for a while

127
00:06:24,400 --> 00:06:27,934
and I spoke to a gentleman there, he said,
"Hiram, chances are

128
00:06:28,000 --> 00:06:30,000
we're going to have to put this dog down.
He's not--"

129
00:06:30,066 --> 00:06:32,633
He already wasn't
in good physical shape…

130
00:06:32,700 --> 00:06:33,900
Well, let me stop you there

131
00:06:33,967 --> 00:06:36,767
because you're making claims
for which there's no support,

132
00:06:36,834 --> 00:06:39,967
which is essentially the dog was
in such bad shape,

133
00:06:40,033 --> 00:06:41,900
it just needed to be put down.

134
00:06:41,967 --> 00:06:43,367
So there's no evidence of that.

135
00:06:43,433 --> 00:06:47,800
But secondly, I want to understand
how it is you can take money

136
00:06:47,867 --> 00:06:51,000
to keep someone's animal and then say,
"Well, you know what,

137
00:06:51,066 --> 00:06:52,467
I made a mistake, just kill it."

138
00:06:52,533 --> 00:06:54,367
[dramatic music]

139
00:06:54,433 --> 00:06:57,100
[narrator] Coming up on Tribunal Justice.

140
00:06:57,166 --> 00:06:59,500
Why didn't you reach out
to her immediately?

141
00:06:59,567 --> 00:07:02,667
She got her first call
from the Police Department.

142
00:07:05,300 --> 00:07:07,300
[theme music playing]

143
00:07:07,367 --> 00:07:10,567
[narrator] Nicole Thomas is suing
dog sitter Kenny Brewton II

144
00:07:10,633 --> 00:07:14,066
for $10,000 in vet bills
and emotional distress

145
00:07:14,133 --> 00:07:18,467
after claiming Kenny's negligence
led to her dog's leg being amputated.

146
00:07:18,533 --> 00:07:20,700
Kenny says vet bills
could have been avoided

147
00:07:20,767 --> 00:07:24,200
if Nicole would have been humane
and euthanized her dog.

148
00:07:24,266 --> 00:07:27,066
I want to understand how it is
you can take money

149
00:07:27,133 --> 00:07:28,767
to keep someone's animal

150
00:07:28,834 --> 00:07:31,900
and then say, "Well, you know what,
I made a mistake, just kill it."

151
00:07:31,967 --> 00:07:34,100
Okay. I had no problems with the dog.

152
00:07:34,166 --> 00:07:38,600
Had I known tone inflection would scare
the dog or anything like that,

153
00:07:38,667 --> 00:07:42,266
I would have taken other parameters
while the dog was with me.

154
00:07:42,332 --> 00:07:45,667
And she expressed that to me. "Kenny,
you know what? Sorry I didn't tell you,

155
00:07:45,734 --> 00:07:47,867
but if I raise my voice,
he gets a little scary."

156
00:07:47,933 --> 00:07:49,533
So I didn't know it.

157
00:07:49,600 --> 00:07:52,266
I've never had a situation like this.

158
00:07:52,332 --> 00:07:57,200
So at the time, I already had a client
who needed to get rid of a Shih Tzu,

159
00:07:57,266 --> 00:08:01,200
and I said worst case scenario,
at least I can replace her dog

160
00:08:01,266 --> 00:08:02,400
with another dog.

161
00:08:02,467 --> 00:08:06,100
But I don't think a short,
already out of shape dog

162
00:08:06,166 --> 00:08:10,567
is, at 11 months, is getting ready to have
a much more challenging life

163
00:08:10,633 --> 00:08:13,600
with three legs versus four.

164
00:08:13,667 --> 00:08:17,100
Query whether or not
that is your determination to make.

165
00:08:17,166 --> 00:08:18,500
Judge DiMango.

166
00:08:18,567 --> 00:08:22,200
You alluded to the fact that Rocky
was not in the best shape.

167
00:08:22,266 --> 00:08:24,367
In what way do you mean that?

168
00:08:24,433 --> 00:08:25,433
He was fat.

169
00:08:25,500 --> 00:08:27,900
Because he was fat?
I mean, he was only 11 months old.

170
00:08:27,967 --> 00:08:30,667
He certainly had time
to go on WeightWatchers.

171
00:08:30,734 --> 00:08:36,133
Rocky is not-- He-- He wasn't,
and he is not now in bad shape.

172
00:08:36,200 --> 00:08:38,265
His breed is a Bully,
which they are short--

173
00:08:38,332 --> 00:08:40,265
[DiMango] Can we see 07, please?

174
00:08:40,332 --> 00:08:42,299
He's a short, stout dog,

175
00:08:42,366 --> 00:08:44,000
-That's not accurate.
-And yes, he's chunky.

176
00:08:44,066 --> 00:08:46,934
So, which one is he in this?
The darker dog on the left?

177
00:08:47,000 --> 00:08:49,567
-[Nicole] Yes, Ma'am.
-[DiMango] So, you have a screen door

178
00:08:49,633 --> 00:08:53,066
that clearly does not shut
and engage in a lock.

179
00:08:53,133 --> 00:08:56,000
And we can see that on D1, it looks like.

180
00:08:56,066 --> 00:08:57,767
-That would be your evidence.
-[Hiram] Correct.

181
00:08:57,834 --> 00:09:00,700
[DiMango] Because that's where
the negligence comes in.

182
00:09:01,166 --> 00:09:02,767
[Hiram] Come…

183
00:09:04,967 --> 00:09:08,633
[DiMango] See that door does not lock
and engage once it's closed.

184
00:09:08,700 --> 00:09:12,166
And I don't know whether or not, Sir,
you have that intentionally

185
00:09:12,233 --> 00:09:15,667
because your dogs are trained
and can come in and out at will.

186
00:09:15,734 --> 00:09:17,500
-I mean, that's what you do.
-That's correct.

187
00:09:17,567 --> 00:09:21,066
So that for an 11-month-old dog
that you have not trained

188
00:09:21,133 --> 00:09:24,900
is really tantamount, in my mind,
to gross negligence

189
00:09:24,967 --> 00:09:28,000
because she's paying you to watch the dog.

190
00:09:28,066 --> 00:09:32,300
That's a bailment. In that contract,
you owe a certain amount of care.

191
00:09:32,367 --> 00:09:35,400
Reasonable care, and in this case
where you were dog-sitting,

192
00:09:35,467 --> 00:09:38,433
you did not consider her dog's behavior.

193
00:09:38,500 --> 00:09:40,033
So now we have Part Two.

194
00:09:40,100 --> 00:09:42,233
Why didn't you reach out
to her immediately?

195
00:09:42,300 --> 00:09:45,433
She got her first call
from the Police Department.

196
00:09:45,500 --> 00:09:47,367
Oh! I can answer that easily.

197
00:09:47,433 --> 00:09:48,734
-As I said…
-[DiMango] And briefly.

198
00:09:48,800 --> 00:09:52,367
…I ran up there with nothing. So I had
to run up there and then run back.

199
00:09:52,433 --> 00:09:55,767
And when I got my phone,
I saw all the missed calls from her.

200
00:09:55,834 --> 00:09:57,700
So I had no way to call,

201
00:09:57,767 --> 00:09:59,734
-so as soon as I got back, I called her.
-Understood.

202
00:09:59,800 --> 00:10:01,166
Thank you.

203
00:10:01,233 --> 00:10:03,433
[DiMango] So now,
we have your medical bills.

204
00:10:03,500 --> 00:10:05,700
-Yes, Ma'am.
-One is the vet bill itself.

205
00:10:05,767 --> 00:10:08,333
That's $1,967.

206
00:10:08,400 --> 00:10:10,934
That's from the veterinary
emergency hospital.

207
00:10:11,000 --> 00:10:12,600
-[DiMango] Correct.
-Because we went from HRA

208
00:10:12,667 --> 00:10:15,533
-to there. Yes.
-The second bill you have. The amputation.

209
00:10:15,600 --> 00:10:18,667
-And that's $1,416.
-Yes.

210
00:10:18,734 --> 00:10:22,200
The third bill you have
involves your emotional distress.

211
00:10:22,266 --> 00:10:24,200
-Yes, Ma'am.
-And I think that Mr. Brewton,

212
00:10:24,266 --> 00:10:28,767
you understand that because if
one of your dogs were in that position,

213
00:10:28,834 --> 00:10:30,734
I think you'd be distressed as well.

214
00:10:30,800 --> 00:10:33,700
The fourth amount that you're requesting
is the $350

215
00:10:33,767 --> 00:10:37,533
because he breached his contract by not
showing the proper amount of care

216
00:10:37,600 --> 00:10:39,400
-sitting for your dog.
-Yes, Ma'am.

217
00:10:39,467 --> 00:10:41,633
The last one is where I have the problem

218
00:10:41,700 --> 00:10:44,800
because I believe the medication
that Rocky needs to take

219
00:10:44,867 --> 00:10:46,500
is $49 a month.

220
00:10:46,567 --> 00:10:48,333
-Yes.
-[DiMango] At the end of the year,

221
00:10:48,400 --> 00:10:51,734
that's $588, you said,
with everything included.

222
00:10:51,800 --> 00:10:57,165
But you're asking that we give you
some $2,940 for that medication

223
00:10:57,233 --> 00:11:00,200
because you say
he's going to need it for five years.

224
00:11:00,266 --> 00:11:02,500
-Yes. No, he's gonna need it longer.
-Sad to say--

225
00:11:02,567 --> 00:11:04,800
But I didn't-- I can't depict his--

226
00:11:04,867 --> 00:11:06,900
-Exactly. And that's--
-I can't depict his life.

227
00:11:06,967 --> 00:11:09,900
I'm going to pause you right there
because that's exactly the reason

228
00:11:09,967 --> 00:11:13,900
that I'm not comfortable saying that
you should be getting five years' worth

229
00:11:13,967 --> 00:11:18,600
because we really can't predict
what will happen between now and then.

230
00:11:18,667 --> 00:11:21,266
And, of course, your position is
you were trying to explain to her,

231
00:11:21,333 --> 00:11:23,767
not only was this going
to end with amputation,

232
00:11:23,834 --> 00:11:26,967
but there were going to be things that
went on and on and on afterwards.

233
00:11:27,033 --> 00:11:29,533
-By the way, how is little Rocky doing?
-Yes, Ma'am.

234
00:11:29,600 --> 00:11:31,900
Rocky is flourishing.

235
00:11:31,967 --> 00:11:34,800
Is he running around? We have video
of him running around? Let's see that.

236
00:11:34,867 --> 00:11:36,233
When I think about it,

237
00:11:36,300 --> 00:11:39,500
-I'm happy that I did it. Yes, Ma'am.
-[DiMango] You made the right choice.

238
00:11:39,567 --> 00:11:42,900
He's wearing a vest.
Wow, he's pretty quick.

239
00:11:42,967 --> 00:11:45,834
I could see why he got away from you.
If he could run that fast on three legs,

240
00:11:45,900 --> 00:11:47,934
he really probably ran
pretty fast on four,

241
00:11:48,000 --> 00:11:49,900
so I don't think
he's that out of shape either.

242
00:11:49,967 --> 00:11:51,700
-Judge Levy?
-So, Mr. Brewton,

243
00:11:51,767 --> 00:11:55,667
there came a time after the 27th
when the incident occurred

244
00:11:55,734 --> 00:12:00,834
where you did tell the plaintiff that
you were going to shift money around

245
00:12:00,900 --> 00:12:02,967
and pay some of these expenses.

246
00:12:03,033 --> 00:12:04,667
-Is that correct?
-Yes.

247
00:12:04,734 --> 00:12:07,600
She told me the amputation
was going to be $700.

248
00:12:07,667 --> 00:12:09,600
I told her I could give her that.

249
00:12:09,667 --> 00:12:12,433
That was on the Thursday or Friday.
We can do that Monday.

250
00:12:12,500 --> 00:12:15,166
She was grief-stricken
and a little emotional,

251
00:12:15,233 --> 00:12:17,867
and so we stopped having phone calls,

252
00:12:17,934 --> 00:12:19,934
and everything was a text.

253
00:12:20,000 --> 00:12:23,000
I said, Nicole, when you're ready
to give me-- To speak directly,

254
00:12:23,066 --> 00:12:25,367
so we can move forward with this,
let me know.

255
00:12:25,433 --> 00:12:27,367
I didn't hear from her for some time.

256
00:12:27,433 --> 00:12:30,333
I understood that,
and the next thing I know,

257
00:12:30,400 --> 00:12:33,165
I got something from her with the suit.

258
00:12:33,233 --> 00:12:34,266
[dramatic music]

259
00:12:34,333 --> 00:12:36,967
[narrator] Coming up on Tribunal Justice.

260
00:12:37,033 --> 00:12:40,767
How long did you know that
that door latch was broken?

261
00:12:43,967 --> 00:12:45,633
[theme music playing]

262
00:12:46,033 --> 00:12:49,066
[narrator] Nicole Thomas is suing
dog sitter Kenny Breton II

263
00:12:49,133 --> 00:12:52,133
after her dog escaped his care
and was hit by a car.

264
00:12:52,200 --> 00:12:56,400
Nicole wants $10,000
for vet bills and emotional distress.

265
00:12:56,467 --> 00:13:00,600
Kenny says he shouldn't have to pay
because the dog's injuries were so bad,

266
00:13:00,667 --> 00:13:02,400
it should have been put down.

267
00:13:02,467 --> 00:13:03,900
Do you own this home or rent it?

268
00:13:03,967 --> 00:13:06,066
Rent. One of my sister's homes.

269
00:13:06,133 --> 00:13:08,934
Did you consider about
putting an insurance claim in

270
00:13:09,000 --> 00:13:12,500
on your sister's homeowners' policy
in order to cover the damages

271
00:13:12,567 --> 00:13:14,533
that the plaintiff was seeking from you?

272
00:13:14,600 --> 00:13:16,667
-No, I didn't.
-[Levy] How come?

273
00:13:16,734 --> 00:13:20,633
It hadn't crossed my mind, honestly,
I just figured I would have to pay for it.

274
00:13:20,700 --> 00:13:24,934
Ms. Thomas is what Mr. Brewton says
about him offering $700

275
00:13:25,000 --> 00:13:27,700
and it will be available Monday.
Is that correct?

276
00:13:27,767 --> 00:13:30,700
Correct. First he said
he don't have any money,

277
00:13:30,767 --> 00:13:33,165
and then he said that shifted to Monday.

278
00:13:33,233 --> 00:13:36,867
Monday came about.
It was the day before his amputation.

279
00:13:36,934 --> 00:13:38,433
-I waited a week later…
-I get it.

280
00:13:38,500 --> 00:13:40,767
…to ask him what happened,
and that's when he said that

281
00:13:40,834 --> 00:13:43,266
we was going to have a text war.
I wasn't having a text war with him.

282
00:13:43,333 --> 00:13:46,133
-I just wanted to--
-But, Sir, I wouldn't tell Nicole

283
00:13:46,200 --> 00:13:47,900
that I didn't have any money.

284
00:13:47,967 --> 00:13:52,033
At the most, when I said I had to
shift money around-- And she knows this.

285
00:13:52,100 --> 00:13:53,266
--with my business.

286
00:13:53,333 --> 00:13:57,066
Thursday through Sunday are the busiest
days for my detailing business.

287
00:13:57,133 --> 00:14:00,266
And I wasn't in a position
to talk at that time,

288
00:14:00,333 --> 00:14:03,100
which is what I said to her, and she
was like, "No, I need to talk now."

289
00:14:03,166 --> 00:14:05,533
-[Levy] Yeah, Mr. Brewton, I get all that.
-Period.

290
00:14:05,600 --> 00:14:08,500
You know, I love dogs.
I've had them for years.

291
00:14:08,567 --> 00:14:11,433
I've had the same experience
with my Goldens

292
00:14:11,500 --> 00:14:15,467
and broken hips and broken femurs
and torn ACLs,

293
00:14:15,533 --> 00:14:17,800
and it doesn't stop. But we love them.

294
00:14:17,867 --> 00:14:21,400
But when you were saying, Mr. Brewton,
that, you know, there comes a time when

295
00:14:21,467 --> 00:14:24,300
you got to say stop,
it's just not financially feasible.

296
00:14:24,367 --> 00:14:26,834
There was a medical report in existence

297
00:14:26,900 --> 00:14:28,967
and I want to read it to you.
And I don't think you saw it.

298
00:14:29,033 --> 00:14:30,600
-Did you see any medical--
-I did not. No.

299
00:14:30,667 --> 00:14:34,133
This is what it says.
June 27th, the date of the accident.

300
00:14:34,200 --> 00:14:38,800
"Cardiovascular structures, normal.
Abdominal area, normal.

301
00:14:38,867 --> 00:14:42,934
Normal thoracic radiographs,
normal abdominal radiographs.

302
00:14:43,000 --> 00:14:47,165
Gastrointestinal tract, normal.
Pulmonary, normal.

303
00:14:47,233 --> 00:14:50,900
Trachea, bronchi, normal. Liver, normal.

304
00:14:50,967 --> 00:14:55,800
Spleen normal."
But for the leg, he was okay.

305
00:14:55,867 --> 00:14:57,900
-I never got any of that, Your Honor.
-Yes.

306
00:14:57,967 --> 00:15:01,834
One. And two, I didn't say anything
about putting the dog down

307
00:15:01,900 --> 00:15:04,533
until the gentleman there
shared with me, "Mr. Brewton,

308
00:15:04,600 --> 00:15:07,500
I believe we're going to have
to put this dog down."

309
00:15:07,567 --> 00:15:10,300
That was the-- I'd never--
I'm not insensitive enough

310
00:15:10,367 --> 00:15:12,266
to tell somebody,
"You should kill your dog."

311
00:15:12,333 --> 00:15:15,767
Mr. Brewton. I get all that.
Thank you. I have nothing further.

312
00:15:15,834 --> 00:15:19,033
I'd actually like to hear
from the neutral expert who we have.

313
00:15:19,100 --> 00:15:24,367
Mr. Todd, could we please have
our neutral expert take the stand, please?

314
00:15:25,100 --> 00:15:28,567
To just state for the record, Mr. Todd,
you do not know

315
00:15:28,633 --> 00:15:31,367
and are not acquainted
with either of the parties in this case?

316
00:15:31,433 --> 00:15:34,100
-No.
-[Acker] And you've represented yourself

317
00:15:34,165 --> 00:15:37,734
as an expert dog trainer.
How long have you been training dogs?

318
00:15:37,800 --> 00:15:39,133
Well over 25 years.

319
00:15:39,200 --> 00:15:41,834
And how many dogs have you trained?

320
00:15:41,900 --> 00:15:43,567
Personally, over 20,000,

321
00:15:43,633 --> 00:15:47,333
and facilitated the training
of probably well over 100,000.

322
00:15:47,400 --> 00:15:50,767
I'm advised that you've actually
even worked with law enforcement agencies.

323
00:15:50,834 --> 00:15:54,367
Yes, law enforcement,
military installations all over the world.

324
00:15:54,433 --> 00:15:57,633
I was the understudy of one of the top
police dog trainers in the world

325
00:15:57,700 --> 00:15:59,200
in Germany when I lived there.

326
00:15:59,266 --> 00:16:02,333
[Acker] So one of the things
that Mr. Brewton testified to

327
00:16:02,400 --> 00:16:08,066
was that he was unaware
of the influence of tone and inflection

328
00:16:08,133 --> 00:16:10,533
on Rocky, the plaintiff's dog.

329
00:16:10,600 --> 00:16:13,300
In your expert opinion, are those metrics

330
00:16:13,367 --> 00:16:17,767
that generally are relevant
to how a dog is going to respond,

331
00:16:17,834 --> 00:16:20,000
or is it sometimes yes, sometimes no?

332
00:16:20,066 --> 00:16:22,233
Absolutely, absolutely relevant.

333
00:16:22,300 --> 00:16:25,667
Uh, I think it's prudent
to evaluate every dog

334
00:16:25,734 --> 00:16:27,867
because you can't ask every question
to the owner.

335
00:16:27,934 --> 00:16:32,367
You know, there were some assumptions
maybe made as far as the dog's behavior,

336
00:16:32,433 --> 00:16:37,400
uh, what would or wouldn't happen
if it was scared somehow.

337
00:16:37,467 --> 00:16:41,500
Um, I always say that a scared dog
is predictably unpredictable.

338
00:16:41,567 --> 00:16:44,165
At my company, Smart Dogs,
what we try to do is make sure

339
00:16:44,233 --> 00:16:46,300
that every dog that comes in, number one,

340
00:16:46,367 --> 00:16:47,667
we make sure it's safe

341
00:16:47,734 --> 00:16:52,033
because it's in a new environment
where it has no pre-existing habits,

342
00:16:52,100 --> 00:16:54,967
and if we're going to just
train the dog or board the dog,

343
00:16:55,033 --> 00:16:56,266
we have to keep the dog safe--

344
00:16:56,333 --> 00:17:00,934
And what's the most important factor
in terms of keeping a dog safe?

345
00:17:01,000 --> 00:17:04,200
Using a leash even inside sometimes
or, you know, confinement,

346
00:17:04,266 --> 00:17:08,066
sometimes using a crate or a pen,
or a long line is appropriate.

347
00:17:08,133 --> 00:17:11,467
That's helpful. Thank you, Sir. I don't
know if my colleagues have any questions.

348
00:17:11,532 --> 00:17:13,934
I don't have any questions of you, Sir.
Thank you for being here.

349
00:17:14,000 --> 00:17:15,834
Yes, if you could just sit down
for just one moment.

350
00:17:15,900 --> 00:17:18,532
-Okay.
-Mr. Brewton, I have one more question.

351
00:17:18,599 --> 00:17:22,700
How long did you know that
that door latch was broken?

352
00:17:22,767 --> 00:17:25,066
Honestly, Sir, I didn't pay
any attention prior to that,

353
00:17:25,133 --> 00:17:27,599
so any number I would give you
would be a guess.

354
00:17:27,666 --> 00:17:30,166
I was actually staying
at one of my sisters' houses,

355
00:17:30,233 --> 00:17:32,200
where I've been the last eight months,

356
00:17:32,266 --> 00:17:34,600
so I haven't been boarding dogs
at this house.

357
00:17:34,667 --> 00:17:37,367
Would you say that you did know though,
that as of June 27th

358
00:17:37,433 --> 00:17:39,400
that that latch was not working?

359
00:17:39,467 --> 00:17:42,367
No, the day that it happened?
No, I wouldn't tell you that.

360
00:17:42,433 --> 00:17:43,834
-Okay. Thank you.
-I would not.

361
00:17:43,900 --> 00:17:46,467
We're going to retire to deliberate
at this time. Thank you all.

362
00:17:46,533 --> 00:17:48,467
-Thank you.
-Court now stands in recess,

363
00:17:48,533 --> 00:17:50,233
parties are excused.

364
00:17:50,300 --> 00:17:54,200
[theme music playing]

365
00:17:58,433 --> 00:18:00,567
The negligence seems to me
to be pretty clear.

366
00:18:00,633 --> 00:18:02,900
So then it's a question of damages.

367
00:18:02,967 --> 00:18:07,367
I think she's absolutely entitled
to the emotional distress, the vet bills,

368
00:18:07,433 --> 00:18:10,200
and I'm going to make an argument
for why I think she's entitled

369
00:18:10,266 --> 00:18:12,600
to those future expenses for five years

370
00:18:12,667 --> 00:18:16,266
because the life expectancy
for this breed is 12 to 14 years.

371
00:18:16,333 --> 00:18:19,934
This dog is barely a year old
and is doing fine.

372
00:18:20,000 --> 00:18:24,033
Vitals are fine. There's a good chance
the dog will live even longer than that.

373
00:18:24,100 --> 00:18:25,567
I'm on the fence with that.

374
00:18:25,633 --> 00:18:28,333
Based on what we're talking about.
I think that they're speculative.

375
00:18:28,400 --> 00:18:31,734
I have no problem with giving her
the medication that she needs now.

376
00:18:31,800 --> 00:18:34,233
I think five years really
is pretty speculative.

377
00:18:34,300 --> 00:18:37,433
But she's definitely entitled
to vet bills in the beginning,

378
00:18:37,500 --> 00:18:41,266
money back for the dog sitting,
and the emotional distress.

379
00:18:41,333 --> 00:18:43,900
And I came out with $7,074.

380
00:18:43,967 --> 00:18:46,934
The good news is,
I agree with all of the medical expenses.

381
00:18:47,000 --> 00:18:51,133
I agree with the five years based upon
the life expectancy of the dog.

382
00:18:51,200 --> 00:18:53,633
My issue is with the emotional distress.

383
00:18:53,700 --> 00:18:56,500
There's no doubt that she suffered
from emotional distress,

384
00:18:56,567 --> 00:19:00,166
but no matter that
we often feel like our pets

385
00:19:00,233 --> 00:19:03,800
are more family than property,
they are still considered property

386
00:19:03,867 --> 00:19:04,934
in the eyes of the law.

387
00:19:05,000 --> 00:19:09,834
And most states
do not allow emotional distress

388
00:19:09,900 --> 00:19:12,066
for simple negligence.

389
00:19:12,133 --> 00:19:13,600
There must be gross negligence,

390
00:19:13,667 --> 00:19:17,500
which is why I asked him
about the question of the latch.

391
00:19:17,567 --> 00:19:20,166
-If he knew the latch was broken--
-He did.

392
00:19:20,233 --> 00:19:23,033
He made it clear when you asked him…

393
00:19:23,100 --> 00:19:25,400
-Mm-hmm.
-…that he knew it was broken,

394
00:19:25,467 --> 00:19:29,700
and that was because his dogs, big dogs,
were able to go out back and forth.

395
00:19:29,767 --> 00:19:32,767
But when I broached the subject,
I don't know what he was thinking,

396
00:19:32,834 --> 00:19:35,967
but he switched and says, "No, I can't
tell you, I didn't know about it."

397
00:19:36,033 --> 00:19:39,467
Because if, in fact, he knew the latch was
broken, I believe that's gross negligence.

398
00:19:39,533 --> 00:19:42,133
He knew if you could see it in the video,
the dog goes to a certain point,

399
00:19:42,200 --> 00:19:44,166
it never quite catches where it locks.

400
00:19:44,233 --> 00:19:48,867
And when I asked him that he had had it
that way, if that was done intentionally,

401
00:19:48,934 --> 00:19:52,467
so that his dogs couldn't come in and out,
I further asked him, I believe.

402
00:19:52,533 --> 00:19:54,066
But he wasn't considering the fact

403
00:19:54,133 --> 00:19:57,300
that her dog did not have
the same training and experience

404
00:19:57,367 --> 00:19:58,333
with that door.

405
00:19:58,400 --> 00:20:02,467
So to me, once you move into a place
with gross negligence

406
00:20:02,533 --> 00:20:05,867
or he holds himself out
to be an expert sitter,

407
00:20:05,934 --> 00:20:07,400
-you raise the level…
-There's a height.

408
00:20:07,467 --> 00:20:10,834
…of care that's necessary,
and he requires extraordinary care.

409
00:20:10,900 --> 00:20:16,633
It's his job to know that these animals
are secure and enclosed and can't get out.

410
00:20:16,700 --> 00:20:19,667
It's also his job
to kind of have some sense--

411
00:20:19,734 --> 00:20:22,000
Dogs who are in new environments

412
00:20:22,066 --> 00:20:25,233
are going to freak out if you start
yelling at them or yelling around,

413
00:20:25,300 --> 00:20:28,266
-it's just not…
-Every time he walked into his house

414
00:20:28,333 --> 00:20:29,633
he knew that he didn't need to push

415
00:20:29,700 --> 00:20:31,533
the button on that door
to open up that door.

416
00:20:31,600 --> 00:20:35,400
He knew. I will say, though, that going
through and reading those text messages

417
00:20:35,467 --> 00:20:37,266
between the two when this was fresh,

418
00:20:37,333 --> 00:20:40,133
and it was super hurtful,
on the 27th of June,

419
00:20:40,200 --> 00:20:44,066
and he was coming out saying, "Listen,
this dog's gonna have no quality of life."

420
00:20:44,133 --> 00:20:48,066
I legitimately believe that had he been
provided with that medical report

421
00:20:48,133 --> 00:20:51,266
that I read to him,
that said that but for this busted leg,

422
00:20:51,333 --> 00:20:54,033
the dog's going to be fine,
we may never have been here.

423
00:20:54,100 --> 00:20:57,333
And what he's saying is if the dog is
so bad that you have experts saying

424
00:20:57,400 --> 00:21:02,200
he's got to be euthanized, what are
we doing with prolonging that suffering?

425
00:21:02,266 --> 00:21:03,900
And so I got that from him.

426
00:21:03,967 --> 00:21:06,033
He's just gonna be surprised
about the emotional distress.

427
00:21:06,100 --> 00:21:08,367
-Are we unanimous for 10,000?
-[DiMango] So what are we giving?

428
00:21:08,433 --> 00:21:09,633
I agree.

429
00:21:09,700 --> 00:21:11,900
-Ten it is, ladies and gentlemen.
-Okay.

430
00:21:11,967 --> 00:21:15,033
[theme music playing]

431
00:21:15,700 --> 00:21:19,066
Court is back in session.
I remind parties you're still under oath.

432
00:21:19,133 --> 00:21:20,633
-Thank you, Byrd.
-Mm-hmm.

433
00:21:20,700 --> 00:21:23,533
Before we announce our verdict,
Mr. Brewton, I have to say

434
00:21:23,600 --> 00:21:25,967
I have a lot of appreciation
and admiration

435
00:21:26,033 --> 00:21:28,000
for somebody who hustles like you.

436
00:21:28,066 --> 00:21:29,400
Like, you've got a lot of jobs.

437
00:21:29,467 --> 00:21:31,400
-I appreciate it.
-You've got a lot of jobs.

438
00:21:31,467 --> 00:21:32,900
And so good on you.

439
00:21:32,967 --> 00:21:37,800
One of those jobs, however, involves
taking care of animals,

440
00:21:37,867 --> 00:21:39,867
which are really, really
important to people.

441
00:21:39,934 --> 00:21:41,300
And I don't have to tell you that.

442
00:21:41,367 --> 00:21:43,166
-No, Ma'am.
-You know they're like family members.

443
00:21:43,233 --> 00:21:46,266
My son called this morning
to let me know when we get back

444
00:21:46,333 --> 00:21:48,967
his dog had to get--
Is getting put down today.

445
00:21:49,033 --> 00:21:51,633
So I absolutely understand.

446
00:21:51,700 --> 00:21:53,400
-[Acker] I'm sorry to hear that.
-Mm-hmm.

447
00:21:53,467 --> 00:21:56,800
Well, we have deliberated
and we've reached a unanimous verdict.

448
00:21:56,867 --> 00:21:59,166
Ms. Thomas, I think if you recall,

449
00:21:59,233 --> 00:22:03,000
Judge DiMango had some questions
about your future medical expenses.

450
00:22:03,066 --> 00:22:05,000
-Yes, Ma'am.
-She doesn't anymore,

451
00:22:05,066 --> 00:22:08,066
and I think she's willing to join
Judge Levy and I

452
00:22:08,133 --> 00:22:11,600
in awarding you future
medical expenses for five years.

453
00:22:11,667 --> 00:22:14,166
There were some questions
about emotional distress,

454
00:22:14,233 --> 00:22:18,066
but we believe that legally
that this case falls into the category

455
00:22:18,133 --> 00:22:22,467
of negligence for which those emotional
distress damages would be responsible.

456
00:22:22,533 --> 00:22:25,700
So, Ma'am, it is
the unanimous verdict of this court

457
00:22:25,767 --> 00:22:30,200
that you receive $10,000, which is
the maximum that we can award you.

458
00:22:30,266 --> 00:22:32,166
-Thank you. Thank you.
-We wish Rocky the best,

459
00:22:32,233 --> 00:22:36,066
and, sir, we wish you the best
in your various ventures.

460
00:22:36,133 --> 00:22:38,667
I'd consider maybe some
liability insurance,

461
00:22:38,734 --> 00:22:40,367
-some pet-sitting insurance.
-Oh, I've--

462
00:22:40,433 --> 00:22:43,333
Since that situation,
I've done several of those things,

463
00:22:43,400 --> 00:22:47,367
and quite honestly, Ms. Thomas
had suggested some of the things

464
00:22:47,433 --> 00:22:48,900
that I now have in place.

465
00:22:48,967 --> 00:22:50,834
-Well, that's fantastic. Well done.
-Absolutely.

466
00:22:50,900 --> 00:22:54,867
That means mistakes were made
and lessons were learned,

467
00:22:54,934 --> 00:22:57,033
so well done,
that's the best we can ask for.

468
00:22:57,100 --> 00:22:58,934
-Good luck to you both.
-[Hiram] Thank you.

469
00:22:59,000 --> 00:23:01,700
[Byrd] This case is now concluded.
Parties are excused.

470
00:23:01,767 --> 00:23:02,834
You may step out.

471
00:23:02,900 --> 00:23:04,767
[triumphant music playing]

472
00:23:06,500 --> 00:23:08,266
One of my biggest fears happened.

473
00:23:08,333 --> 00:23:11,100
Panic set in. I was a complete wreck.

474
00:23:11,166 --> 00:23:14,033
It was negligent on my part.

475
00:23:14,100 --> 00:23:15,567
I can't trust him with him any longer.

476
00:23:15,633 --> 00:23:18,633
I'm glad Ms. Thomas and her dog
will be doing better.

477
00:23:18,700 --> 00:23:21,934
He's lucky to be alive,
and I'm just, I'm grateful.

478
00:23:22,000 --> 00:23:26,967
[narrator] Are you being sued?
Let Tribunal Justice decide your case.

479
00:23:27,033 --> 00:23:31,300
Find us on social media
at Tribunal Justice.

480
00:23:31,367 --> 00:23:34,333
[theme music playing]