She's paying you to watch the dog.
Unfortunately, he got hit. His leg looked pretty bad.
But for the leg, he was okay.
No. I spoke to a gentleman. He said we're going to have to put this dog down.
I thought it was a joke. I didn't believe him.
I want to understand how it is you can take money to keep someone's animal
and then say, "Well, you know what? I made a mistake. Just kill it."
[narrator] Now on Tribunal Justice.
[theme music playing]
[narrator] Today's case was filed in Washington, DC.
[Byrd] Your Honor, this is case number 3007 on the calendar
in the matter of Thomas v. Brewton.
Parties have been sworn in. You may be seated.
-[Acker] Thank you, Byrd. -You're welcome, Judge.
So, Ms. Thomas, you went away for your birthday
and you entrusted the care of your dog, Rocky, to the defendant.
-Correct. -Who is a dog sitter
-and a dog trainer. -Yes, Ma'am.
Unfortunately, a few days into the trip,
you received the call from the police, advising you that Rocky
had been injured in a car accident,
that Rocky's leg had to be amputated,
and you are now suing the defendant for $10,000,
which is our court maximum.
And you allege that he owes you for Rocky's vet bills,
a refund of the dog training fees that you paid him,
for Rocky's medicine, and also for your emotional distress.
-Yes, Ma'am. -Mr. Brewton, you maintain
that while you feel horrible about what happened to Rocky,
you don't agree with her choice to keep Rocky around,
"Therefore, I owe her nothing."
Let's put up a picture of Rocky so we know who we're talking about.
Exhibit one, please.
How old was Rocky when you dropped him off with the defendant?
[Nicole] Um, 11 months and 29 days old.
[Acker] What breed is he?
American Staffordshire Terrier mix.
Did you do any training with him before you gave him to the defendant?
[Nicole] My own training.
So, how did you find him? How do you know the defendant?
He's a really good friend of the family.
He used to detail our cars.
I also did work for him as far as his flyers, and his website…
[Acker] So family friends.
How long have you been in the dog-sitting slash dog-training business?
I've had my LLC for my business since 2004.
I'm 54. I've had a dog probably 50 of those 54 years.
[Acker] Did you receive any professional or formal training for that?
No. No, I did not.
How did you first get into the business?
As I said, I'm 54, I've had a dog 50 of those 54 years.
-I've never been without a dog. -Because you love them
-and like working around them. -I love dogs. Yes, Ma'am. Yes.
And at the time that the plaintiff dropped Rocky off with you,
how many dogs were in your custody?
All of the dogs in my custody, all of the dogs they were mine.
I have three Cane Corsos.
-I have a Cane Corso-- -[Acker] How old were they?
The mother is two.
Uh, the puppies, they were about six or seven months when she was there, but…
Six or seven months at the time…
-Yes, Ma'am. Yes, Ma'am. Yes. -…that you dropped them off.
[Acker] So now let's fast forward to June 27th
when you get a call from the police. What did they say?
Okay. That morning-- The 27th was my birthday, so that morning
I missed the first call from the police officer.
Then I got a text message from DC Police,
"We have your puppy, Rocky. It appears he has been injured."
I thought it was a joke. I didn't believe them
because I left him with Mr. Brewton.
So I called Mr. Brewton on his business line and his regular phone,
he didn't answer.
Once he didn't answer, panic set in.
Now, I'm starting to freak out.
So when I called the police officer back,
she let me know that they had Rocky in custody, he was in bad shape.
Let me stop you right there and talk to Mr. Brewton for a moment.
-[Hiram] Mm-hmm. -The way you describe the incident
in your answer, Sir, is that Rocky ran away, fled the coop.
That you chased Rocky for several blocks.
May we put up Exhibit 8, please?
So, describe that scene for me, Sir.
[Hiram] So, my dogs are in the front yard playing.
It's Sadie, who is the mom. Sadie, Sosa, and Ghengis.
I say "house." Everybody comes to the house.
Sosa is taking a little longer to come.
And when he's inside, I'm telling him, "You can't do this, you gotta--"
Just chastising him, talking.
And Rocky is leaning up against the door,
and the catch is loose.
-So, uh, Rocky-- Yes. -[Acker] Got out.
Would you point out for us your home
and then kind of the path that you…
-Absolutely. -…traversed as you were chasing Rocky.
Okay, I live here.
So, I'm calling him, and he had been doing great.
Doing our training sessions the days leading up,
uh, but he turned to run.
I had on a cut-off T-shirt, shorts, and some socks.
I didn't have on any shoes. So I turn this way
because I'm asking neighbors or anybody in there, have you seen it?
So they're thinking I'm looking for my puppies.
How long are you chasing Rocky?
Twenty-five minutes.
At what point do you stop the pursuit?
-When one of the-- -You can go back to the stand, please.
A person coming up the street sees me.
They ask me, am I looking for a little dog?
I tell them yes. They say, unfortunately, he got hit.
His leg looked pretty bad.
There's a lady in a Volkswagen Beetle who just picked him up.
[Acker] All right. Ms. Thomas, you subsequently learn
that Rocky has to have his leg amputated.
-Yes, Ma'am. -[Acker] Now,
I want to kind of cut to what is the heart of this dispute,
and what this really comes down to is a question over Rocky's value
because you're not denying, Sir, that you were negligent?
-Not at all. -You said
that $3,000, which is what she has to pay for Rocky's medicine and supplies,
is too much for a three-legged dog.
Now, how is it that you come to the conclusion
that a dog whose leg has been amputated because of your negligence…
-Mm-hmm. -…should now just be put down.
Because that's what you said in your messages to her.
Okay, so the dog wasn't in a good place.
I deal with, um, several dog agencies in the area for a while
and I spoke to a gentleman there, he said, "Hiram, chances are
we're going to have to put this dog down. He's not--"
He already wasn't in good physical shape…
Well, let me stop you there
because you're making claims for which there's no support,
which is essentially the dog was in such bad shape,
it just needed to be put down.
So there's no evidence of that.
But secondly, I want to understand how it is you can take money
to keep someone's animal and then say, "Well, you know what,
I made a mistake, just kill it."
[dramatic music]
[narrator] Coming up on Tribunal Justice.
Why didn't you reach out to her immediately?
She got her first call from the Police Department.
[theme music playing]
[narrator] Nicole Thomas is suing dog sitter Kenny Brewton II
for $10,000 in vet bills and emotional distress
after claiming Kenny's negligence led to her dog's leg being amputated.
Kenny says vet bills could have been avoided
if Nicole would have been humane and euthanized her dog.
I want to understand how it is you can take money
to keep someone's animal
and then say, "Well, you know what, I made a mistake, just kill it."
Okay. I had no problems with the dog.
Had I known tone inflection would scare the dog or anything like that,
I would have taken other parameters while the dog was with me.
And she expressed that to me. "Kenny, you know what? Sorry I didn't tell you,
but if I raise my voice, he gets a little scary."
So I didn't know it.
I've never had a situation like this.
So at the time, I already had a client who needed to get rid of a Shih Tzu,
and I said worst case scenario, at least I can replace her dog
with another dog.
But I don't think a short, already out of shape dog
is, at 11 months, is getting ready to have a much more challenging life
with three legs versus four.
Query whether or not that is your determination to make.
Judge DiMango.
You alluded to the fact that Rocky was not in the best shape.
In what way do you mean that?
He was fat.
Because he was fat? I mean, he was only 11 months old.
He certainly had time to go on WeightWatchers.
Rocky is not-- He-- He wasn't, and he is not now in bad shape.
His breed is a Bully, which they are short--
[DiMango] Can we see 07, please?
He's a short, stout dog,
-That's not accurate. -And yes, he's chunky.
So, which one is he in this? The darker dog on the left?
-[Nicole] Yes, Ma'am. -[DiMango] So, you have a screen door
that clearly does not shut and engage in a lock.
And we can see that on D1, it looks like.
-That would be your evidence. -[Hiram] Correct.
[DiMango] Because that's where the negligence comes in.
[Hiram] Come…
[DiMango] See that door does not lock and engage once it's closed.
And I don't know whether or not, Sir, you have that intentionally
because your dogs are trained and can come in and out at will.
-I mean, that's what you do. -That's correct.
So that for an 11-month-old dog that you have not trained
is really tantamount, in my mind, to gross negligence
because she's paying you to watch the dog.
That's a bailment. In that contract, you owe a certain amount of care.
Reasonable care, and in this case where you were dog-sitting,
you did not consider her dog's behavior.
So now we have Part Two.
Why didn't you reach out to her immediately?
She got her first call from the Police Department.
Oh! I can answer that easily.
-As I said… -[DiMango] And briefly.
…I ran up there with nothing. So I had to run up there and then run back.
And when I got my phone, I saw all the missed calls from her.
So I had no way to call,
-so as soon as I got back, I called her. -Understood.
Thank you.
[DiMango] So now, we have your medical bills.
-Yes, Ma'am. -One is the vet bill itself.
That's $1,967.
That's from the veterinary emergency hospital.
-[DiMango] Correct. -Because we went from HRA
-to there. Yes. -The second bill you have. The amputation.
-And that's $1,416. -Yes.
The third bill you have involves your emotional distress.
-Yes, Ma'am. -And I think that Mr. Brewton,
you understand that because if one of your dogs were in that position,
I think you'd be distressed as well.
The fourth amount that you're requesting is the $350
because he breached his contract by not showing the proper amount of care
-sitting for your dog. -Yes, Ma'am.
The last one is where I have the problem
because I believe the medication that Rocky needs to take
is $49 a month.
-Yes. -[DiMango] At the end of the year,
that's $588, you said, with everything included.
But you're asking that we give you some $2,940 for that medication
because you say he's going to need it for five years.
-Yes. No, he's gonna need it longer. -Sad to say--
But I didn't-- I can't depict his--
-Exactly. And that's-- -I can't depict his life.
I'm going to pause you right there because that's exactly the reason
that I'm not comfortable saying that you should be getting five years' worth
because we really can't predict what will happen between now and then.
And, of course, your position is you were trying to explain to her,
not only was this going to end with amputation,
but there were going to be things that went on and on and on afterwards.
-By the way, how is little Rocky doing? -Yes, Ma'am.
Rocky is flourishing.
Is he running around? We have video of him running around? Let's see that.
When I think about it,
-I'm happy that I did it. Yes, Ma'am. -[DiMango] You made the right choice.
He's wearing a vest. Wow, he's pretty quick.
I could see why he got away from you. If he could run that fast on three legs,
he really probably ran pretty fast on four,
so I don't think he's that out of shape either.
-Judge Levy? -So, Mr. Brewton,
there came a time after the 27th when the incident occurred
where you did tell the plaintiff that you were going to shift money around
and pay some of these expenses.
-Is that correct? -Yes.
She told me the amputation was going to be $700.
I told her I could give her that.
That was on the Thursday or Friday. We can do that Monday.
She was grief-stricken and a little emotional,
and so we stopped having phone calls,
and everything was a text.
I said, Nicole, when you're ready to give me-- To speak directly,
so we can move forward with this, let me know.
I didn't hear from her for some time.
I understood that, and the next thing I know,
I got something from her with the suit.
[dramatic music]
[narrator] Coming up on Tribunal Justice.
How long did you know that that door latch was broken?
[theme music playing]
[narrator] Nicole Thomas is suing dog sitter Kenny Breton II
after her dog escaped his care and was hit by a car.
Nicole wants $10,000 for vet bills and emotional distress.
Kenny says he shouldn't have to pay because the dog's injuries were so bad,
it should have been put down.
Do you own this home or rent it?
Rent. One of my sister's homes.
Did you consider about putting an insurance claim in
on your sister's homeowners' policy in order to cover the damages
that the plaintiff was seeking from you?
-No, I didn't. -[Levy] How come?
It hadn't crossed my mind, honestly, I just figured I would have to pay for it.
Ms. Thomas is what Mr. Brewton says about him offering $700
and it will be available Monday. Is that correct?
Correct. First he said he don't have any money,
and then he said that shifted to Monday.
Monday came about. It was the day before his amputation.
-I waited a week later… -I get it.
…to ask him what happened, and that's when he said that
we was going to have a text war. I wasn't having a text war with him.
-I just wanted to-- -But, Sir, I wouldn't tell Nicole
that I didn't have any money.
At the most, when I said I had to shift money around-- And she knows this.
--with my business.
Thursday through Sunday are the busiest days for my detailing business.
And I wasn't in a position to talk at that time,
which is what I said to her, and she was like, "No, I need to talk now."
-[Levy] Yeah, Mr. Brewton, I get all that. -Period.
You know, I love dogs. I've had them for years.
I've had the same experience with my Goldens
and broken hips and broken femurs and torn ACLs,
and it doesn't stop. But we love them.
But when you were saying, Mr. Brewton, that, you know, there comes a time when
you got to say stop, it's just not financially feasible.
There was a medical report in existence
and I want to read it to you. And I don't think you saw it.
-Did you see any medical-- -I did not. No.
This is what it says. June 27th, the date of the accident.
"Cardiovascular structures, normal. Abdominal area, normal.
Normal thoracic radiographs, normal abdominal radiographs.
Gastrointestinal tract, normal. Pulmonary, normal.
Trachea, bronchi, normal. Liver, normal.
Spleen normal." But for the leg, he was okay.
-I never got any of that, Your Honor. -Yes.
One. And two, I didn't say anything about putting the dog down
until the gentleman there shared with me, "Mr. Brewton,
I believe we're going to have to put this dog down."
That was the-- I'd never-- I'm not insensitive enough
to tell somebody, "You should kill your dog."
Mr. Brewton. I get all that. Thank you. I have nothing further.
I'd actually like to hear from the neutral expert who we have.
Mr. Todd, could we please have our neutral expert take the stand, please?
To just state for the record, Mr. Todd, you do not know
and are not acquainted with either of the parties in this case?
-No. -[Acker] And you've represented yourself
as an expert dog trainer. How long have you been training dogs?
Well over 25 years.
And how many dogs have you trained?
Personally, over 20,000,
and facilitated the training of probably well over 100,000.
I'm advised that you've actually even worked with law enforcement agencies.
Yes, law enforcement, military installations all over the world.
I was the understudy of one of the top police dog trainers in the world
in Germany when I lived there.
[Acker] So one of the things that Mr. Brewton testified to
was that he was unaware of the influence of tone and inflection
on Rocky, the plaintiff's dog.
In your expert opinion, are those metrics
that generally are relevant to how a dog is going to respond,
or is it sometimes yes, sometimes no?
Absolutely, absolutely relevant.
Uh, I think it's prudent to evaluate every dog
because you can't ask every question to the owner.
You know, there were some assumptions maybe made as far as the dog's behavior,
uh, what would or wouldn't happen if it was scared somehow.
Um, I always say that a scared dog is predictably unpredictable.
At my company, Smart Dogs, what we try to do is make sure
that every dog that comes in, number one,
we make sure it's safe
because it's in a new environment where it has no pre-existing habits,
and if we're going to just train the dog or board the dog,
we have to keep the dog safe--
And what's the most important factor in terms of keeping a dog safe?
Using a leash even inside sometimes or, you know, confinement,
sometimes using a crate or a pen, or a long line is appropriate.
That's helpful. Thank you, Sir. I don't know if my colleagues have any questions.
I don't have any questions of you, Sir. Thank you for being here.
Yes, if you could just sit down for just one moment.
-Okay. -Mr. Brewton, I have one more question.
How long did you know that that door latch was broken?
Honestly, Sir, I didn't pay any attention prior to that,
so any number I would give you would be a guess.
I was actually staying at one of my sisters' houses,
where I've been the last eight months,
so I haven't been boarding dogs at this house.
Would you say that you did know though, that as of June 27th
that that latch was not working?
No, the day that it happened? No, I wouldn't tell you that.
-Okay. Thank you. -I would not.
We're going to retire to deliberate at this time. Thank you all.
-Thank you. -Court now stands in recess,
parties are excused.
[theme music playing]
The negligence seems to me to be pretty clear.
So then it's a question of damages.
I think she's absolutely entitled to the emotional distress, the vet bills,
and I'm going to make an argument for why I think she's entitled
to those future expenses for five years
because the life expectancy for this breed is 12 to 14 years.
This dog is barely a year old and is doing fine.
Vitals are fine. There's a good chance the dog will live even longer than that.
I'm on the fence with that.
Based on what we're talking about. I think that they're speculative.
I have no problem with giving her the medication that she needs now.
I think five years really is pretty speculative.
But she's definitely entitled to vet bills in the beginning,
money back for the dog sitting, and the emotional distress.
And I came out with $7,074.
The good news is, I agree with all of the medical expenses.
I agree with the five years based upon the life expectancy of the dog.
My issue is with the emotional distress.
There's no doubt that she suffered from emotional distress,
but no matter that we often feel like our pets
are more family than property, they are still considered property
in the eyes of the law.
And most states do not allow emotional distress
for simple negligence.
There must be gross negligence,
which is why I asked him about the question of the latch.
-If he knew the latch was broken-- -He did.
He made it clear when you asked him…
-Mm-hmm. -…that he knew it was broken,
and that was because his dogs, big dogs, were able to go out back and forth.
But when I broached the subject, I don't know what he was thinking,
but he switched and says, "No, I can't tell you, I didn't know about it."
Because if, in fact, he knew the latch was broken, I believe that's gross negligence.
He knew if you could see it in the video, the dog goes to a certain point,
it never quite catches where it locks.
And when I asked him that he had had it that way, if that was done intentionally,
so that his dogs couldn't come in and out, I further asked him, I believe.
But he wasn't considering the fact
that her dog did not have the same training and experience
with that door.
So to me, once you move into a place with gross negligence
or he holds himself out to be an expert sitter,
-you raise the level… -There's a height.
…of care that's necessary, and he requires extraordinary care.
It's his job to know that these animals are secure and enclosed and can't get out.
It's also his job to kind of have some sense--
Dogs who are in new environments
are going to freak out if you start yelling at them or yelling around,
-it's just not… -Every time he walked into his house
he knew that he didn't need to push
the button on that door to open up that door.
He knew. I will say, though, that going through and reading those text messages
between the two when this was fresh,
and it was super hurtful, on the 27th of June,
and he was coming out saying, "Listen, this dog's gonna have no quality of life."
I legitimately believe that had he been provided with that medical report
that I read to him, that said that but for this busted leg,
the dog's going to be fine, we may never have been here.
And what he's saying is if the dog is so bad that you have experts saying
he's got to be euthanized, what are we doing with prolonging that suffering?
And so I got that from him.
He's just gonna be surprised about the emotional distress.
-Are we unanimous for 10,000? -[DiMango] So what are we giving?
I agree.
-Ten it is, ladies and gentlemen. -Okay.
[theme music playing]
Court is back in session. I remind parties you're still under oath.
-Thank you, Byrd. -Mm-hmm.
Before we announce our verdict, Mr. Brewton, I have to say
I have a lot of appreciation and admiration
for somebody who hustles like you.
Like, you've got a lot of jobs.
-I appreciate it. -You've got a lot of jobs.
And so good on you.
One of those jobs, however, involves taking care of animals,
which are really, really important to people.
And I don't have to tell you that.
-No, Ma'am. -You know they're like family members.
My son called this morning to let me know when we get back
his dog had to get-- Is getting put down today.
So I absolutely understand.
-[Acker] I'm sorry to hear that. -Mm-hmm.
Well, we have deliberated and we've reached a unanimous verdict.
Ms. Thomas, I think if you recall,
Judge DiMango had some questions about your future medical expenses.
-Yes, Ma'am. -She doesn't anymore,
and I think she's willing to join Judge Levy and I
in awarding you future medical expenses for five years.
There were some questions about emotional distress,
but we believe that legally that this case falls into the category
of negligence for which those emotional distress damages would be responsible.
So, Ma'am, it is the unanimous verdict of this court
that you receive $10,000, which is the maximum that we can award you.
-Thank you. Thank you. -We wish Rocky the best,
and, sir, we wish you the best in your various ventures.
I'd consider maybe some liability insurance,
-some pet-sitting insurance. -Oh, I've--
Since that situation, I've done several of those things,
and quite honestly, Ms. Thomas had suggested some of the things
that I now have in place.
-Well, that's fantastic. Well done. -Absolutely.
That means mistakes were made and lessons were learned,
so well done, that's the best we can ask for.
-Good luck to you both. -[Hiram] Thank you.
[Byrd] This case is now concluded. Parties are excused.
You may step out.
[triumphant music playing]
One of my biggest fears happened.
Panic set in. I was a complete wreck.
It was negligent on my part.
I can't trust him with him any longer.
I'm glad Ms. Thomas and her dog will be doing better.
He's lucky to be alive, and I'm just, I'm grateful.
[narrator] Are you being sued? Let Tribunal Justice decide your case.
Find us on social media at Tribunal Justice.
[theme music playing]