>Subject: Court over Luna----Here we go again................
>
>That was two yrs.  ago and a few months back, after our house fire, he
>sues us.  all that time and not a word.
>
>We do not want to give this man another dime, especially since he
>refuses to produce the bloodwork he says he did and will not allow the
>lab to speak with us about the histopath, nor provide us with a copy of
>the original report from them,however we do not have a lot of money to
>spend on an attorney.
>
>Anyone have any ideas or know of any type of animal legal defense?
 
***
Angie, I don't know of any animal legal defense organization, and I am
not an attorney.  Hopefully we have some legal people on the list that
can give some sound advice or refer you to a defense organization.  That
said;
 
I don't know about Kansas, but I can share a few things I understand
about laws in Ohio.  You may already know this, but...
 
The Statute of Limitations sets time limits which lawsuits can be filed
after the 'event'.  In Ohio it is 2 years for a lot of things.  I believe
some things fall into a 7 year limitation, but he more than likely waited
out the 2 year limitation to file so the deadline was past before you
were served, so you could not file a counter suit.
 
Since he has filed, he obviously has an attorney, unless it is in small
claims court, but I don't think small claims can process appeals.  His
attorney has filed the complaint, and you were served.  You have a
certain number of days to file a response.  This must be done.
 
Sometimes it just becomes necessary to hire legal representation.  If you
are unable to afford legal counsel, sometimes the court will appoint one
for you at pre-trial.  I'm not sure what the guidelines are for this, and
I don't know if Kansas has this benefit.
 
Once you have an attorney representing you, they will file a response;
naturally, they will deny all the allegations of fault, and innitiate
what is called 'discovery'.
 
During discovery, the attorney for the plaintiff (the vet's) will be
required to provide the defendant's attorney (yours)copies of all labwork
and Luna's file, if requested.
 
If they fail to willingly provide the documents, the court can subpoena
them, along with representatives from the labs that provided the
pathology and bloodwork (the labs would not like having to send reps to
court!  $$).  You should be able to get copies of her file from the other
vets she visited before visiting the vet that removed her spleen.
 
If he refuses to provide the documents, hearing dates will be postphoned
until he does.  This can go on indefinitely, until the court gets tired
of his games.  This doesn't set well with the already overburdened court
system.
 
I think you will find: He has filed, it is up to him to prove your
'guilt' (that you have not paid your 'bill').  Your defense will be his
negligence.  He will have to prove he was not negligent in causing the
death of his patient.  The burden of proof in on him.  Unfortunately, he
is holding all the evidense of the medical case, but you should be able
to get it.
 
Court battles are not fun, and are very stressful.  Shop around for an
attorney that is compassionate and affordable.  You might check with a
few vets to see if they know any personally that they might recommend.
'Professional' people often travel in similar cirlces, maybe golf
buddies, etc.
 
Check to see is there is any type of local organization that provides
legal council to low income families (if you qualify).
 
Angie, good luck with this.
Julie
 
=====
Julie Fossa   (419) 225-8158
West Central Ohio Ferret Shelter
 
We are currently functioning as
a placement and referral service.
[Posted in FML issue 4253]