Collateral Estoppel As A Defense?
Not in This Case
Collateral estoppel was used sucessfully as a defense to a Dangerous Dog classification in Olsen v. Seattle Animal Shelter. There, animal control had charged Olsen with two instances of biting a human and causing less than a severe injury. These infractions were not contested and thus deemed committed. After Olsen met with animal control, he was apparently told to give the dog over to a secure animal shelter that was willing to accept the dog. When he failed to do so, Animal Control deemed the dog dangerous and subject to euthanasia.
Olsen appealed, arguing that Animal Control should be estopped from declaring the dog dangerous, since the original infractions were for bites causing less than a severe injury. Obviously, for the dog to be deemed dangerous, a severe injury was required under the ordinance. The court ruled against Olsen on the collateral estoppel issue, although it did reverse on other grounds. The court said that judicial estoppel did not apply, because the position taken by the Seattle Animal Shelter was not inherently inconsistent. Different bites on the two victims could have been severe and not severe.
Maybe next time.
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written by Jessi, March 28, 2011
Medically speaking, my bite is not severe. I have two punctures from the upper canines and a line of "scratches" made by the remaining upper front teeth on the top of my forearm. On the tender underside of my arm, I have three punctures that were torn laterally, as well as the marks from the remaining lower front teeth. I was at my doctor's office within an hour of the bite and while I did not receive stitches, the doc did have to trim chunks of tissue from the wounds because they were falling off and likely to become infected. I was on heavy antibiotics for 10 days and had to be rechecked a week after the incident. I also received a prescription for narcotic pain pills because I was passing out from the pain while the doc was tending to the wounds. Once the adrenaline wore off and I took the ice pack off, the pain was like a brick wall.
This occurred 17 days ago. The wounds on the top of my arm have healed nearly completely and will likely only have minor scarring. The wounds on the bottom of my arm are still nowhere near being fully healed. I still have to keep thick padding of bandaging on my arm to protect the wounds. It still hurts and I have not yet regained full use of my arm as pressure hurts and the muscle is still weak from being pierced and torn. I am figuring on at least two more weeks of pain and protective bandaging for the lower wounds. I am speculating on some nasty scarring from the fact that there is chunks of my arm tissue now missing.
Do I now fear all pit bulls or mixes of? No. Did I want that particular dog out of my home as soon as possible? Yup. She reacted defensively without warning to a non-threat due to a past I was unaware of, but I became leery of her unpredictability around my other family members.
Do I have a new respect for dog bit victims? Absolutely. This hurts! This was a dog I knew. I also knew that getting in the middle of as dog fight was probably going to get me bit. I've worked in dog daycare long enough to know that. I didn't have another adult available to help me separate the dogs so I did what I had to do. What I didn't know was how excruciating it would be. I've birthed two not-small kids without medications. A dog bite hurt more. Had I not known the dog and the owner, I absolutely would want the dog dealt with in a manner that was appropriate.
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Just because you did not have a "severe" injury, does not mean that the dog gets off without any penalty. Depending on your jurisdiction (each one has its own definition and rules), the dog and its owner could still have had penalties. And, of course, in most states, the owners would be responsible for your medical bills and pain and suffering regardless.
Hope you heal well.