 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Lachenman v. Stice11/30/2005
Appellant-Plaintiff, Sean T. Lachenman, as the personal representative of the estate of Chere Lachenman ("Lachenman"), challenges the trial court's grant of partial summary judgment in favor of Appellee-Defendants, Mitchell Stice and Josephine Stice (collectively "the Stices"), and also challenges the trial court's rulings on the Stices' motion in limine. Upon appeal, Lachenman claims that summary judgment was improperly granted because there are genuine issues of material fact as to whether Lachenman may recover on her claims of intentional and negligent infliction of emotional distress and that the trial court erred in ruling to exclude evidence regarding the vicious propensity of the Stices' dogs and the value of Lachenman's pet dog.
We affirm.
The record reveals that at the time relevant to this appeal, Lachenman and the Stices lived in the Hidden Valley Lake housing addition in Lawrenceburg, Indiana. Lachenman owned lots 2978 and 2979, and the Stices lived on lot 2976. Apparently separating their lots is lot 2977, owned by Gary L. Miller. Lachenman owned a Jack Russell terrier. The Stices owned a German Shepard dog and an English bulldog. Prior to the incident which led to the case upon appeal, the Stices' dogs ran loose, and on one occasion, chased Lachenman's dog onto the deck attached to her house. Although Lachenman in her affidavit describes this incident as an "attack," during her deposition, she explained that the Stices' dogs came running toward her deck, where her dog was, and that she had to restrain the Stices' dogs by holding onto their collars. There is no indication that Lachenman's dog was injured during this incident.
On September 30, 2002, Lachenman was on her deck with her dog when she was distracted by a telephone call from work. Lachenman went inside her house for seven to eight minutes, and after she hung up the phone, she heard a "horrible" noise. Realizing the noise was the being made by a dog, Lachenman went back onto her deck and saw the Stices' dogs attacking her dog in the lake which abuts Lachenman's property. The Stices' dogs were standing in shallow water, and Lachenman's dog was swimming, trying to get back to land. Whenever Lachenman's dog got near the shore, the Stices' dogs would attack it. Mrs. Stice was standing near her dogs, holding leashes which were not attached to her dogs' collars. Lachenman eventually went into the water, and called to her dog, but the Stices' dogs would not release it. Eventually, the dogs let go, and Lachenman's dog swam to her. Lachenman took her dog to the veterinarian to treat its wounds. The veterinarian treated the dog's wounds, but the terrier died on October 3, 2002. No person was bitten or otherwise hurt during this incident.
After this incident, the Hidden Valley Lake Property Owner's Association declared the Stices' German Shepard dog a "vicious" dog and fined the Stices for failing to follow the Association's guidelines.
On December 3, 2002, Lachenman's neighbor, Mr. Miller, was in his attached garage unloading his truck with his dogs approximately fifteen feet away from him in his front yard. Mr. Stice opened his garage door, and his German Shepard came running at Mr. Miller's dogs. Mr. Miller called his dogs into the garage, but Mr. Stice's dog came into the garage and mauled one of Mr. Miller's Pomeranian dogs. Mr. Stice attempted to pull his dog off of Mr. Miller's dog, punching his dog in the side. Mr. Stice's dog bit Mr. Stice in the hand, causing him to bleed as he continued to hit his dog. As Mr. Stice finally got ahold of his German Shepard dog and began to lead it away with a choke chain, his English bulldog came running into Mr. Miller's garage. Mr. Miller g
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 Indiana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|