Driver kills dog, then sues owners for damage
Jeffery Ely hit the miniature pinscher when the dog ran onto the road


updated 9:39 p.m. ET, Thurs., May. 8, 2008
DULUTH, Minn. - The driver of a 1997 Honda Civic that struck and killed a dog near Cloquet is suing the dog's owners for damage done to his vehicle.

Jeffery Ely was driving on the night of Jan. 4 when Fester, a miniature pinscher, squeezed past owner Nikki Munthe as she was letting in her other dog and ran out onto the road. Ely's car struck Fester, killing the 13-pound dog instantly.

Now Ely is suing the Munthes for about $1,100 for damage to his car, time he had to take off from his two jobs to get the car repaired, and court fees.


Pieces of the bumper were propelled into the radiator when it hit the dog, Ely said, necessitating a replacement. Ely maintains he didn't have problems driving until after the accident and that the radiator issues were not pre-existing.

Ely said he feels sorry for the Munthes' loss but, as a dog owner himself, feels that they must be responsible for their pets' actions.

"I have complete compassion for them," Ely said. "I know how it feels. I love dogs. But once you get them, they are your responsibility."


Munthe said she has always been worried about the busy road the family lives on.

"We would have never let him off-leash because we're so terrified of this road," she said.

The case will be heard in St. Louis County Court on Friday.

The Munthes have filed a $2,400 countersuit against Ely for the cost to buy Fester, the time they had to take off work for court appearances, and the cost of buying a dog to replace Fester

i'd be suing the car company, for having such a wimpy car, to fall apart.....what if he hit a deer.........totaled???

Nowadays a deerhit usually does total a car, if you hit it straight on.

If someone ran my dog over, I'd grab a brick and go to town on both the car and the driver, without waiting for a ****in lawsuit... then let them sue, if they survive. What the hell kind of world do we live in, where a LIFE is worth less than a damn vehicle, a piece of ****in metal..?!?!?

Just like if someone were to break into your house, and hurt themselves while doing so.. Let's say your painting and they trip on a ladder.. They can sue you because they tripped and hurt themselves when they shouldnt of been there in the first place. And, win.. Multi-million dollar lawsuits have been filed and won in recent history do to that.

the dog owner is responsible for failure to control

will lose if proven damage was caused by dog

dog owner gets nothing

been through it their home owners

would have paid it (if they had coverage)

not so sure now who knows