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00:00The dog ended up biting me on my left arm.
00:04I'm so sorry.
00:06Did you have a leash?
00:08No, but before then I did.
00:09I don't care what happened before then.
00:11Before then I was 21 years old and I looked great in a bikini.
00:15This is Judy Justice.
00:30Derek Kwan is suing dog walker Danielle Lancaster for damages resulting from a dog attack.
00:41Court come to order.
00:42All rise.
00:44Have a seat please.
00:45Case number 2002, Kwan versus Lancaster.
00:48Mr. Kwan, succinctly your case involves an attack of a dog that was being walked by Ms. Lancaster.
00:57She was dog walker.
00:58She didn't own the dog.
00:59Correct.
00:59Dog got away from her and according to you attacked you, attacked your dog and you want
01:03to be compensated to the tune of $10,000.
01:06Correct.
01:06You were neither hospitalized, correct?
01:09I was not hospitalized.
01:10You were neither hospitalized and your dog was not hospitalized.
01:13Correct.
01:14I assume that you have some medical evidence as a result of this incident to show me that
01:20you suffered from a dog bite.
01:22Yes.
01:22Okay.
01:23And the dog bite was from the dog that was being walked by Ms. Lancaster.
01:28Walked is, I'm not sure if I would use the term.
01:30Well, she's a dog walker.
01:31Yes, but it was off leash.
01:33She's not the owner of the dog.
01:35Correct.
01:35The incident happened at what date and time?
01:38December 22nd, 2021 at approximately 1.30 p.m.
01:43And you were walking your dog, which is what breed?
01:46A 20-pound wiener dog mix.
01:48And you were a dog walker.
01:50How long had you been in charge of walking this dog?
01:52At that point, it was about a week.
01:55What kind of dog was it?
01:56I believe it was a boxer mix.
01:59Not 100% sure.
02:00How old?
02:01Two.
02:02Three years old, give or take.
02:03Who are the owners of the dog?
02:05The owners, I can't remember their name.
02:07One of, uh, Mike, but I don't remember their last names, but, um.
02:11Do you remember the owners' names?
02:13Yes.
02:13And it would be fair to say that you knew their names because you tried to sue them.
02:18I contacted them, yes, but did not sue them.
02:20And you contacted them because they're the owners of the dog and they have a house?
02:25Mm-hmm.
02:25Uh-huh is not an answer.
02:26Yes.
02:27And the house usually has homeowner's insurance.
02:30Correct.
02:30Correct.
02:31And after contacting them, and it's their dog, so they are ultimately responsible for
02:35their dog, you opted not to seek compensation for your alleged injuries and this attack,
02:42but to sue the dog walker.
02:44Correct.
02:44Just my own information, Mr. Kwan, do you want to tell me why you did that?
02:50Yeah.
02:50So, per California strict liability law, the, anybody who takes physical ownership or responsibility
02:56for a dog is also responsible for any sort of attacks or damages it causes while they
03:02are, uh, responsible for that dog.
03:05Regardless of-
03:05Okay, just a second.
03:06So, what you're saying is in the state of California, if you are walking a dog, and she
03:11says she was walking this dog for a week, how many times a day every day?
03:14Uh, two times a day.
03:16Twice a day.
03:17And she had this job for a week, that under all circumstances, she is responsible for
03:25any injury that the dog does.
03:27Is that what you're saying?
03:28Correct.
03:29And what code is that?
03:31I have a statute over here.
03:34Just tell me the statute.
03:35Per California dog bite law.
03:38I don't have the number, but I can bring it up to the-
03:40Would you bring it up?
03:41To the court.
03:41It's California Civil Code 3342.
03:44You have- Do you have it?
03:45I could pull it up.
03:47I have my notes.
03:47Could you do?
03:48Could you pull it up for me?
03:49And I'll come back to you in a second, Sarah.
03:51I'm just curious about it.
03:53Okay.
03:53Now let's tell me about the incident, sir.
03:56Sure.
03:57So, at the time that I, uh, described earlier, I was walking my 20-pound wiener dog, Mix,
04:02while my mother walked, um, my infant son, who was three months at the time, in a stroller.
04:09Okay.
04:09I mean, it's not that I don't care about him, and I don't care about your mother, but they
04:12have nothing to do with this case.
04:14Well, well, they do have something to do with this case, because when we turned onto the
04:18block, I turned and I saw an off-leash dog, roughly three times the size of mine, and
04:23I saw the defendant, Ms. Lancaster.
04:24She gave no warning that the dog was off-leash, and at that point, the, I later learned that
04:29the dog-
04:29Now, don't tell me, just tell me what happened, sir.
04:31Okay.
04:31You saw Ms. Lancaster, and she was walking this dog off-leash.
04:37Correct.
04:38And?
04:38She gave no indication.
04:40No, no, no.
04:40Not that she gave me no indication.
04:42She was walking this dog off-leash.
04:46Correct.
04:46So, you saw the dog off-leash.
04:48Yes.
04:48Okay.
04:49And about how far were you from her when you saw the dog off-leash?
04:54Across the street.
04:55So, roughly 40 feet.
04:56Okay.
04:57And?
04:57The dog charged across the street.
04:59Okay, the dog ran across the street.
05:02Yes.
05:02And started aggressively biting, lunging, and barking at my dog.
05:07Okay.
05:08So, at that point, the dog ran across the street and is in an aggressive stance barking at your
05:14dog.
05:15Correct.
05:15Hadn't touched your dog.
05:17Correct.
05:17Okay.
05:18What happened next?
05:19It then diverted its attention towards my infant son in a stroller and my mother and started
05:23jumping on the stroller.
05:24Did the dog, in fact, jump on the stroller?
05:28Yes.
05:29And?
05:30And my response was to try to divert the attention.
05:33What did you do?
05:34The dog jumped on the stroller.
05:36Yes.
05:36Didn't hurt your son, didn't hurt your mother.
05:39Yes.
05:39So, I got the attention of the dog again.
05:41How did you do that?
05:42By picking up my dog, who was on leash.
05:45Well, that doesn't necessarily get attention to the dog.
05:48He said, hey, hey, hey.
05:50Correct.
05:50Correct.
05:51A lot happened at the moment.
05:52But you didn't say that.
05:52You just picked up your dog.
05:53Yes.
05:54Okay.
05:54Yes.
05:55Okay.
05:56Probably exclaimed in the way to get attention.
05:57No, no, no, no, no.
05:57No, no, no, no.
05:58Of the dog.
05:59You told me what you did.
06:00You picked up your dog and?
06:02And started running across the street.
06:05Started running.
06:06Just a second.
06:06Started running across the street in the direction of where the dog had come from?
06:11Correct.
06:11And at that time, the dog was on the other side of the street.
06:14Yes.
06:15So, let me understand this.
06:17You pick up your dog.
06:18Your mother is standing behind you in the stroller with your son.
06:21You leave your mother, your son, on one side of the street, and you grab your wiener dog,
06:26Mix, and run across the street.
06:28Correct.
06:29This was after I got the attention of the dog, by the way.
06:32Okay.
06:33So, now you got the attention of the dog.
06:35Yes.
06:35Ran across the street, so you were trying to divert the dog's attention.
06:38Yes.
06:39And the dog followed you.
06:40Yes.
06:40It chased me.
06:41Good.
06:41And you were running in her direction?
06:44No.
06:45The Miss Lancaster had crossed the street at that point to where we were originally walking.
06:49She was on your side of the street.
06:52You were going back to where you had initially seen her.
06:54Correct.
06:55Okay.
06:55So, she had followed her dog across the street.
06:58Yes.
06:59Was she saying anything at that point?
07:00We had repeated, we made a repeated pleas to ask for her to control the situation.
07:03No, no, no, no.
07:03She ran across the street, because all this happened within seconds.
07:07Yes.
07:08She ran across the street.
07:09Was she saying anything?
07:11She was yelling, I'm so sorry, and I can't do anything.
07:15Okay.
07:15Is that what you were yelling?
07:16I think I was yelling, I'm so sorry, I don't know what to do, because I was in an extreme
07:20state of panic.
07:21I was probably having a panic attack.
07:22Okay, I'm so sorry, I don't know what to do.
07:24Okay.
07:25And?
07:25And after I ran across the street, when the dog chased me, I fell down, the dog ended
07:30up biting me on my left arm.
07:32Okay.
07:32And I'd like to see whatever medical report you have from the bite on your left arm.
07:37So, the doctor said then...
07:38Now, don't tell me what the doctor said.
07:41I haven't...
07:41Could I see...
07:42I have a picture.
07:42May I see...
07:43Absolutely.
07:44...a medical...
07:45Did you understand my words?
07:47I said, may I see a medical report from a doctor.
07:51I do not have a medical report.
07:52So, you didn't go to the doctor.
07:54I did.
07:54The question is, did you go to the doctor, Mr. Kwan?
07:57I did a virtual doctor's visit.
07:58Just a second.
07:59Because this was during the height of the pandemic.
08:01And what was the name of the doctor with whom you had a virtual visit?
08:05I do not remember.
08:06You should remember.
08:07You're suing for $10,000.
08:08You should have all that information.
08:10Because if you have a virtual medical visit, Mr. Kwan, there is a record of that.
08:15Doctor keeps a record of that.
08:16Do you understand?
08:17Correct.
08:18Okay.
08:18So, now you're down.
08:20And this happened, according to you, on December...
08:2422nd.
08:25Did you get the dog's information?
08:28I did.
08:28On December 22nd?
08:30Yes.
08:31When did you speak to the owners of the dog?
08:33I spoke to the owners, actually, that day, because I wanted to get the rabies vaccination paperwork.
08:39Did you get the rabies vaccination paperwork?
08:41Yes.
08:42On the 22nd?
08:43Yes.
08:44Now I'll see your photograph, sir.
08:46I have that statute whenever you're ready.
08:49I got it.
08:50Time is everything.
08:54Okay.
09:00So, the knee injury is when you fell.
09:02Correct.
09:03And the arm is a combination scratch and maybe tooth mark.
09:08Yes, there are tooth marks on there, but not punctured.
09:10I don't know.
09:11This long thing is not a tooth mark.
09:12So, just one other question, Mr. Kwan.
09:16When you told the owners about this on the 22nd, when was the next time you contacted them?
09:21First, you wanted to find out whether or not the dog had received rabies shots.
09:26You were satisfied that it did, that you didn't have to see a doctor other than a virtual visit with a doctor whose name you don't remember.
09:32When did you decide not to sue the owners of the dog, who are homeowners, who have homeowners insurance?
09:40Yep.
09:40I wrote the owners of the dog a demand letter, and that is when I contacted them back, probably about two months after the incident.
09:47Okay.
09:47So, you wrote them a demand letter?
09:49Correct.
09:49And did they respond to your demand letter?
09:51Yes.
09:52Do you have copies of those letters?
09:54Yes, I do.
09:54I'd like to see copies of your letter and their response.
10:01That's the demand letter that I...
10:03I just want to see copies of your letter and their response.
10:06Are they both here?
10:08They responded by calling me on the phone, not with a formal written statement.
10:13Really?
10:17Through a series of conversations, I decided that my grievance was not towards them
10:21because they were not exhibiting negligence in this situation.
10:25Oh, no, I don't believe that, Mr. Kwan.
10:27Be very careful about what you say to me, sir.
10:41Derek Kwan claims dog walker Danielle Lancaster owes for injuries resulting from a dog attack.
10:48Okay.
10:49Well, you say the dog's a pit bull.
10:50The dog was a pit bull?
10:51I believe so.
10:52Dog a pit bull?
10:53I asked after the incident.
10:54I did ask as well if it was a pit bull.
10:56They said, no, it's a boxer mix.
10:58You have a video of the incident.
11:00You have a video.
11:01Somebody has a video.
11:02Yeah.
11:02Correct.
11:03Someone's ring camera.
11:04Okay.
11:04I'm going to allow you to tell me what the owner said in the conversation that they had with you.
11:10I'm not accepting it for the truth of the statement, only that you had a conversation with them,
11:15which is why you brought this action against Ms. Lancaster today.
11:19Correct.
11:19So they decided, we're not going to put this in writing.
11:22We're going to call Mr. Kwan.
11:23Correct.
11:23And what did they tell you?
11:24They were very amicable about the situation and were trying to solve the situation to make me whole.
11:29Being amicable is subjective.
11:32I want you to tell me what you said to them and what they said to you.
11:36What they said to me was that they would look into their homeowner's insurance policy in order to compensate me.
11:41Through a series of conversations, I decided that my grievance was not towards them because they were not exhibiting negligence in this situation.
11:49Oh, no, I don't believe that, Mr. Kwan.
11:51Be very careful about what you say to me, sir.
11:54As between homeowners who have insurance and this young woman who has to walk dogs for a living,
12:01if I was somebody interested in $17,000, I wouldn't sue her.
12:05I would sue somebody who had, Kathy Bates said in one of my favorite movies, I'm older and I have more insurance.
12:14So that answer that you just gave me was a whole lot of, who shot John?
12:18The reason you decided not to proceed against the dogs' owners is what?
12:24The reason why I proceeded not to go against the dogs' owners is because I have a, because some things are more important than money.
12:32And in this situation, I have more of an issue with the dog walker and her behavior during this situation rather than being compensated.
12:40Well, let me suggest this to you, Mr. Kwan.
12:43There is no question that if Ms. Lancaster was walking this dog and the dog was off-leash, she was negligent.
12:51There's also no question in my mind that the extent of your damages is excessive.
12:57Very excessive.
12:58But we're only counting physical damages.
13:01Just a second.
13:02What I'm telling you is the amount of your damages is excessive.
13:08And if you wanted anywhere near that money, you could have sued both people.
13:12You could have sued the owner of the dog as not only did they have the dog that attacked you, but they have, as Kathy Bates would say, insurance.
13:22And you would join the defendant as a party to that action.
13:27You would say you're all responsible.
13:28You own the dog, which you say was a pit bull, which you say was a pit bull, who just mauled and killed somebody in New York last week.
13:36An owner.
13:37You didn't do that.
13:38So I'm not getting all of this kumbaya business that the person responsible, do you understand?
13:43Yeah.
13:43I'm just not buying it, Mr. Kwan.
13:45We understand each other?
13:46Yes, absolutely.
13:47For somebody who has no medical, you had injuries and you have to be compensated.
13:51You had no good excuse for walking the dog off-leash.
13:54I wasn't walking him off-leash.
13:57When I was in the house, it happened, I had a key on the other side of the door.
14:01When I reached for that key, he scooted as hard as I could between my legs and got out.
14:05It wasn't that I was walking him and just decided to take him off the leash.
14:08So you were negligent in letting the dog out?
14:10Unfortunately, yeah.
14:11Yeah.
14:11Yes.
14:12But the dog had also been out for an hour at the time of the incident.
14:15Yeah, because when I was trying to get him back in, many attempts, he was very hard to get in.
14:21And at that point, I was already having a panic attack, very emotional.
14:24No, no, no, no, no, no, no, no, no, no, no, no, no, no, no, Ms. Lancaster, let's get it together.
14:29Let's get it together.
14:30Mr. Kwan says that the dog was out for a period of time and you weren't chasing the dog when he first saw you.
14:38You were in a walking mode.
14:41So the dog may have initially gotten out.
14:44Ms. Lancaster, don't.
14:46You know, I'm an ecumenical abuser.
14:49Were you out with the dog for a period of time?
14:52Yes.
14:53Did you have a leash in your hand?
14:55I think I was.
14:56Um is not an answer.
14:57Did you have a leash in your hand?
15:00No.
15:00How long were you out with the dog?
15:03Probably around an hour at that point.
15:05Okay.
15:06I was trying to get him back in,
15:07and twice I did have him by the collar,
15:09and he did with him having it.
15:10You didn't have him by the collar
15:12when he ran across the street?
15:13No, but before then, I did.
15:14I don't care what happened before then.
15:16Before then, I was 21 years old,
15:18and I looked great in a bikini.
15:19Now, not so much.
15:20All right, Mr. Kwan,
15:24this letter was written to Miss Lancaster.
15:27Correct.
15:27I asked you for the letter
15:28that you wrote to the owners of the dog.
15:31I do not have that with me right now.
15:34Could we key up this video
15:36that I understand we have?
15:40I'm so sorry.
15:42I'm so sorry.
15:44I'm so sorry.
15:48I'm so sorry.
15:50I'm so sorry.
15:52I'm so sorry.
15:54You can see my mother and infant
15:55sound flailing.
15:56I'm so sorry.
15:57I'm so sorry.
15:58Call the person out.
15:58He bit me.
15:59I know I will,
16:00because he bit me too.
16:01I know.
16:02Just grab him by the neck.
16:03I can't.
16:04He bit me twice on my hand already.
16:06I don't know what to do.
16:08It's been an hour.
16:10I seriously don't know what to do.
16:13He bit me twice already,
16:15and I tried to get him on the leash
16:17and he bit me twice.
16:19I don't know what to do.
16:23It's a leash.
16:23I am so sorry.
16:26I am so sorry.
16:28Can I see the beginning of that
16:29and see if you can freeze frame
16:31on the dog, please?
16:32By the way,
16:33you do have the leash in your hand.
16:34Yeah, I just realized,
16:35yeah, I do have the leash actually, so.
16:37I'm going to walk over to the monitor.
16:39So although the statute uses the word owner,
16:59there's vicarious liability
17:00if someone else assumed responsibility of the dog,
17:03even though the statute is clear,
17:05it only lists the word owner.
17:06But in California,
17:07they could be held liable
17:09through vicarious liability.
17:10A walker.
17:11A walker.
17:11That assumed responsibility for the animal.
17:14Okay.
17:17He neither suffered serious physical injury,
17:21certainly not serious enough for him
17:23not to go to work for a week,
17:24unless you model Bermuda shorts.
17:26You don't model Bermuda shorts,
17:27do you, Mr. Kwan?
17:28Just in my spare time.
17:29Of course not.
17:37Derek Kwan says dog walker Danielle Lancaster
17:45owes for damages
17:46after he was attacked by the dog Danielle was walking.
17:50Okay.
17:51So, Ms. Lancaster,
17:52it does appear to me
17:53that you were sort of overwhelmed by this dog.
17:57Yes.
17:58But bottom line is that Mr. Kwan
18:01was injured and frightened,
18:03not seriously injured,
18:05but seriously enough that if it were me,
18:07I would be furious as a result of your negligence.
18:11And he neither suffered serious physical injuries,
18:15certainly not serious enough for him
18:17not to go to work for a week.
18:19I don't know what kind of work you do,
18:20but not serious enough unless you,
18:22I don't know,
18:24unless you model Bermuda shorts.
18:26You don't model Bermuda shorts,
18:28do you, Mr. Kwan?
18:29Just in my spare time.
18:30Of course not.
18:31And you had no medical bills
18:32because you didn't see a doctor,
18:34but you were attacked.
18:36And I actually don't know
18:37why you didn't sue the owners of this dog,
18:40which looks scarcely like any boxer I've ever seen.
18:44And it is possible in California
18:45that certain dogs are not insurable.
18:48I don't know the answer to that question.
18:50It will not insure you in a homeowner's policy
18:52if you have a certain kind of dog.
18:55Are you familiar with that, sir?
18:56Yes.
18:57What are you familiar with?
18:58You're very familiar with statutes.
19:00So what is the law in California
19:02with regard to insurance?
19:04Can you be denied insurance
19:06or have to pay an excess premium
19:08if you have a dog
19:09that is either a pit bull or a pit bull mix?
19:11I believe so.
19:12You believe so.
19:13And would it be a fair statement, sir,
19:15that their homeowners
19:16either covered their dog or didn't?
19:18They were looking into it
19:19and they had renter's insurance
19:21that I believe covered it.
19:23That you believe covered it?
19:25Oh, very foolish of you not to go against them.
19:27Okay.
19:28If you accept responsibility for a dog,
19:30you're supposed to be smart enough
19:31to look at a dog and say,
19:32you know what,
19:33why would you ask what kind of dog this is?
19:35Now, you let the dog out
19:36and the dog was out with you for an hour.
19:38Yes.
19:39And during that time,
19:40you were walking around the neighborhood
19:41and you had sufficient opportunity
19:43when you were walking around the neighborhood.
19:46I wouldn't say walking.
19:47What were you doing?
19:48I was clearly trying to get the dog back in
19:50and twice I did have him by the collar
19:51and that's what I said in the video.
19:53I had him by the collar
19:54and then both times he turned to nip at me on my wrist,
19:59which is why I let go
20:00because I didn't want to get big.
20:02I know.
20:02You said you went to bite you twice.
20:03So I was trying to have him follow me,
20:06which is what the owners told me to do.
20:07I had treats in my hand.
20:08So you called the owners?
20:09Yes, I did call the...
20:10You called the owners
20:11and you told the owners what was going on.
20:13Yes, I did.
20:14They knew what was going on.
20:16I would have sued the owners.
20:17Mr. Kwan, I would have absolutely sued the owners
20:20unless they didn't have insurance that covered the dog,
20:22which is a problem for them
20:24if they had renter's insurance.
20:25In any event, Ms. Lancaster,
20:26you assumed responsibility of this dog
20:28and based upon your own negligence,
20:30your negligence,
20:31forget about the dog's breed,
20:32forget about these other people.
20:34As a result of your negligence,
20:36he was injured
20:37and you have to compensate him for that.
20:40Judge him for the plaintiff
20:41in the amount of $5,000.
20:43We're finished.
20:43Court is adjourned.
20:48I don't think he even got bit.
20:50The doctor said that most of my injuries were emotional,
20:52but I did receive a bite from the dog onto my arm,
20:55but not a puncture wound.
20:56I think he just, you know,
20:58wanted some extra cash from me
20:59because that was probably an easier target.
21:00Even though I didn't have any physical injuries,
21:02who knows how long my night terrors will last for.
21:05I was literally having the whole panic attack,
21:07which is why, you know,
21:07I had the reaction I did.
21:09Yeah, I totally understand that,
21:10but the dog was off leash for an hour.
21:12She could have called the police
21:13or animal control during that time.
21:15Don't open the door even in the slightest to a dog.
21:18Just wait till, you know, they're away and gone.
21:20Mostly my MO is getting back at those
21:22that I have grievances against.
21:23Let's not even get started with dog breed
21:27because I think the world knows where I live in that street.
21:32And 10 days ago,
21:34a woman who was watching Pitbull for one of her children,
21:3964-year-old woman,
21:40husband came home from work
21:42and found the dog eating her in the backyard.
21:45Sadly, she died.
21:46And there are certain breeds
21:47that are more dangerous than others.
21:49People have to recognize that.
21:51And if you choose to get a dog
21:52that is potentially more dangerous, Sarah,
21:55you know,
21:56and I know that there are Pitbull lovers out there
21:59that say mine is the sweetest,
22:00mine is the loveliest,
22:01but then you have to accept responsibility
22:04if there's an issue.
22:05And clearly this dog was an issue
22:07because I believed this young woman.
22:09Didn't you believe her?
22:10I believed her,
22:11and I think that dog walkers
22:12should also be cautious
22:13of what animals they're choosing to walk
22:16because she could be held vicariously liable.
22:19So you might want to stick
22:20to five-pound chihuahuas from now on, maybe.
22:23Right.
22:24I mean, she was visibly very upset.
22:27Visibly.
22:27And she said on the video,
22:29he bit me twice on the hand
22:31because she tried to get a hold of him.
22:32But she was still out with the dog for an hour.
22:34But he was, in fact, injured.
22:36And whether he went to the hospital or not,
22:38that's pretty traumatic.
22:39Yeah.
22:39I don't think you can level it down
22:41to actual damages from a bill,
22:44but there's some component of punitive damages
22:46as well for the pain and suffering
22:48and trauma from an event like that.
22:50That's true.
22:51But forget falling down
22:53and being attacked by a dog.
22:55Our family would feel as if, you know,
22:58you've got a splinter in your hand
23:00as a result of somebody's negligence
23:02or a nail that went into your foot
23:04as a result of somebody being careless.
23:06It's very frightening.
23:08Anyway, people have to use their noodle
23:11and your noodle is up here.
23:15Want justice?
23:16Go to JudyJustice.tv
23:38Go to JudyJustice.tv
23:43Go to JudeTheyICKS.tv
23:51Go to Judy jueves.
23:56Go to JudyregistroThey