Justice for Rylan

[pretty dobe]

As the early members remember I posted in May about up and coming dobes here in my area. The young dobes were showing in Cortez, CO at the Durango show... Well I have a sad update.

UKC Champion Holder Park' Pie's Rylan Paul was Killed on Aug. 24th. I'll start at the beginning...

Rylan's owners are both pilots and are gone for 5 day stretches at a time and they have a nanny for the dogs. They are on 35 acres or so in the Rockies and their closest neighbors are a mile away and their drive to their house is 1/4 of a mile up to their house. The nanny had the dogs out playing when the Fed EX truck came speeding up the drive. The drive is open and seeing the dogs was not an issue, but the kid driving the truck held steady at his too fast speed and killed Rylan with what appeared to be a deliberate act. Never slowing or avoiding just heading for Rylan as fast as the truck could go. The nanny put the other dogs in the house and drove to Rylan and the truck..By that time the kid was on the phone to his boss, laughing at what he had just done..... Guys, this hard to write...

Sarah and her husband got home that day and took care of Rylan and then went to the police with the nanny. They have provided sworn statements, measurements and all her expenses for Rylan to the police and they are behind them 100%. Wed they are filing reckless driving charges against the kid. They have given Fed EX until Wed to do the right thing, but everyone knows and she knows they are having their lawyers figure out how to get rid of her... They are looking at lawyers to help them and have found some that work with dog cases only and feel that is the way to go.

One of the questions that Sarah has is how to determine the value of the dog. Nothing will ease the pain on loosing this dog...The connection that she and Rylan had...It was wonderful to watch them together. Sarah being a long distance runner with Rylan by her side. Her time in the cockpit and being away from him was hard on her.

Rylan had taken his First AKC BOB at the Greeley show not 5 days before. At 15 months he earned his UKC CH, and was AKC pointed. Best in Show under UKC. He was a therapy dog in training and was training in obedience. Sarah was very active with him. All this at 18 months of age.

She is going after Fed EX and that is a given... Guess any of us would.

Any thoughts on this would be appreciated.

Judie

[andyhilt27]

That is very upsetting. I am very sorry. I have to censor myself right now. This act of malice deeply angers me.

[Elaine]

I am sickened by this beyond words. We will do what we can to help. Dr. Greenwood and I will be happy to file an affidavit stating what we feel the dog is worth. I am sure others here will do the same. But before we get to that step we’d need to understand applicable law, and whether punitive damages apply and all sorts of other stuff, in order to generate the most useful affidavit.

Before any of us commit in writing here or anywhere as to what this promising young dog is worth, we need to know what all can be factored into the determination. For example, should his potential earnings as a sire be a consideration in estimating his value? We should not start throwing out numbers on this public forum that some defense attorney can use against these people.

Your friends should not be victimized twice, first by this rogue driver and then again by the law and or some attorney. We should probably wait about doing anything other than expressing our sorrow and willingness to offer true and accurate information, until your friends have retained a good local attorney and that attorney determines what is needed given the applicable law.

Your friends do not need a dog attorney... they need a good attorney.

What I would look for in a attorney is:
1. an Attorney who is known and respected in the community;
2. who knows and understands the applicable law;
3. who has a good track record with the local court;
4. who will work the case; and,
5. will stick with the case (and not give up half way through like many do).

To find a good attorney, your friends should speak with friends who live in the area. Also, check with the local Bar Association to see how many formal complaints have been filed against the attorney. It is no so important whether the complaints have been successful, because getting a bar association to weed out a bad member of their bar is nearly impossible... and the standard of proof can be as high as “clear and convincing” which is a tough standard to meet, so bad, unethical attorneys can and do remain in practice. See about formal complaints that have been filed.

[doberdogsfd]

As Elaine is spot on in her advice to these folks, I will not revist the need to seek counsel.

I will however address the issue of Fed Ex and how and what , if it were I, it would persued. My job puts me in direct contact with these drivers and the shipping companies like FedEx on a daily basis.
The LAST thing that Fed Ex wants is a press confrence with an issue like this. Fed Ex has had some very serious issues regarding their drivers and this type of press would not be good. So, I would utilize my freedom of speech as well as finding myself a very effective attorney. The Company as well as the individual are liable as a representative of the Company, they need to take your complaints about him very seriously.
Those who work for these major Companies do not want to see a suit leveled against us or our employees. Typical response to an individual who has caused these kinds of cases is, they investigate you and then if it looks as if you have caused the Company any headache at all...you are on your own. Fed Ex has very clear policies around their Drivers....go after the Company and stop talking to the local Hub, the supervisor of that logistics team will be of no use. Get hold of the Corprate # and as to speak to the Operations Manager of that Division.

Ok...I am just furious with this jackass and I willl have issues being polite when like this!!I hope I made sense in the above and was able to be of some assistance.
Please pass along our sincere sympathy, this is very sad.

Cheryl

[andyhilt27]

Before any of us commit in writing here or anywhere as to what this promising young dog is worth, we need to know what all can be factored into the determination. For example, should his potential earnings as a sire be a consideration in estimating his value? We should not start throwing out numbers on this public forum that some defense attorney can use against these people.


This thread should be locked so as not to compromise a possible lawsuit. Just my thoughts. I know lots on here would love to express their sympathies.

[doberdogsfd]

I like you Andy!!!

[admin]

I agree, we have locked this thread, but will leave it here (as a sticky thread). Please be aware that what you commit to in writing can be produced in court. Even deleted emails can be retrieved.

You may want to contact Pretty Dobe privately with condolences and a phone number in case you are needed. No need to say much more than that.

Here is a hard cold ugly fact... a defense attorney will benefit from saying that the dog is only worth the X number of dollars that “A” Doberman costs. That figure is not particularly high. We all know that a show quality Doberman who can win at 15 months of age is worth a great great great deal more than just any Doberman. That is a once in a life time dog and we should all be willing to stand up and say so, in memory of this precious dog Rylan.
-Admin