Lachenman v. Stice11/30/2005
rabbed at this dog, which lunged at his face, knocking Mr. Miller down as he threw the dog out of the way. The bulldog followed Mr. Stice away. Mr. Miller took his injured dog to an animal hospital. It had broken ribs, had to have cuts stitched, and had tubes placed in its side.
On April 19, 2003, the Stices' German Shepard dog attacked and mauled another dog, one belonging to Wende Penny, who apparently also lives near the Stices. This attack occurred on Ms. Penny's property, and neither of the Stices' dogs was on a leash.
On February 19, 2003, Lachenman filed a complaint against the Stices. The complaint alleged that the Stices were liable pursuant to Indiana Code § 15-5-12-1 (Burns Code Ed. Repl. 2005). The complaint also alleged that due to the Stices' "negligent and intentional acts," Lachenman suffered veterinary bills of $172.00, " ersonal fear of attack by [the Stices'] dogs," " motional distress due to the violent death of the [Lachenman]'s pet," " motional distress and fear for [Lachenman's] own safety and the safety of her pets and the safety of her visitors, especially children," and " oss of future breeding income . . . ." Appellant's Appendix at 16-17. The complaint further sought a protective order requiring the Stices to comply with the Hidden Valley Lake dog control guidelines, and $100 damages for every day the defendants were in violation of the Hidden Valley Lake guidelines. Lastly, the complaint alleged that the Stices had intentionally or knowingly committed criminal acts pursuant to Indiana Code § 15-5-12-3 (Burns Code Ed. Repl. 2005) and that Lachenman was therefore entitled to punitive damages of at least $10,000.
On November 13, 2003, the Stices filed a motion for partial summary judgment with regard to Lachenman's claims of intentional infliction of emotional distress, negligent infliction of emotional distress, punitive damages, the issue of future breeding income, the claims involving statutory violations, and the request for a protective order. After being granted an extension of time in which to respond to the summary judgment motion, Lachenman filed her response on February 12, 2004. After both parties filed supplemental materials, the trial court held a hearing upon the summary judgment motion on April 1, 2004. On May 6, 2004, the trial court entered an order granting partial summary judgment in favor of the Stices. In preparation for trial for the remaining issue, the Stices filed on November 8, 2004, a motion in limine seeking to exclude, among other things, evidence regarding the incidents which occurred after the attack which killed the Lachenman's dog. The court granted the motion in limine on November 16, 2004. On January 10, 2005, Lachenman filed a motion for partial final judgment, asking the trial court to make its rulings final pursuant to Indiana Trial Rule 54(B).
On January 12, 2005, the trial court entered an order of final judgment on specific issues, which stated in part:
"The Court entered Partial Summary Judgment on May 6, 2004, and the Parties appeared for Jury Trial on November 16, 2004, where the Court entered rulings on Defendants' Motion in Limine and Ordered that specific evidence would be excluded from the Trial. The Court's position was that if the Court's rulings are correct, then it would be a waste of effort to proceed with a Jury Trial and conversely if the Court's ruling were incorrect, the Plaintiff would be entitled to a new trial, whereby the Parties agreed to continue the Jury Trial so that Plaintiff could file a Motion to obtain the Court's Final Rulings and for a specific partial Final Judgment on the contested Rulings under Trial Rule 56(C) and Trial Rule 54(B). The Court joins with the
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