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owner of attacking dog is uncooperative Indiana

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  • owner of attacking dog is uncooperative Indiana

    I'm new here - thanks in advance for any help

    A couple of months ago my 7 lb dog was attacked THROUGH my backyard fence by the neighbor's dogs (Mastiff, 2 boxers, small terrier)

    The fence belongs to me, and the neighbors have relied on it to complete their fence along the border with our property. No problems with that for the 5-6 years they've lived there.

    Their dogs tried to pull my dog through my chain link fence by her tail, which had long flowing hair. My dog was severely injured - will not describe what happened, but her tail eventually had to be amputated below the level of her haunches, after the skin around the base was "stretched" in order to cover the wound. Her recovery was more than a month, and vet bills are 4-5K$.

    I asked the neighbors to have their homeowner's insurance contact me - they have ignored certified letter and copy - and refused my entreaty (given in hopes of avoiding having to re-live the attack in court)

    A lawyer has given me the free advice that we might be able to learn who their insurer is via BMV - because most people have the same car and homeowner's insurance - but I don't know how to do that (since BMV said it's impossible)

    So I guess I will be filing a claim in small claims. Question:

    The homeowner was not home at time of attack - my sister was in the yard with my dog and has provided an affadavit to the county via animal management, but didn't see the actual attack (the attack occurred in a back corner of our lot where our dog usually doesn't go, and my sister was carrying shelving onto our deck at the time) The boyfriend and teenage boys of the homeowner were witnesses immediately after the attack (I guess they came out of the house when they heard their dogs, and were the ones who lifted my dog over our fence and brought it to us)

    The boyfriend is hostile, but was a witness along with the boys. The claim will be against the homeowner, and I'm sure her boyfriend will appear. Do I subpoena the boys to give their account of the attack? I am loathe to do that, and don't want to go to court at all. I think if it weren't for the hostile boyfriend, the homeowner would have reasonably considered placing a claim for my dog's veterinary bills. So, do I subpoena the boys? If so, how do I get their names?

    Thanks again for any assistance.

  • #2
    I don't think, you need to subpoena them. You present your claim. If the homeowner wants to dispute your version of events, she would need to bring the boys. I suggest you have your sister appear rather than giving an affidavit. From what I have witnessed courts prefer to have a live person to ask questions of.

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