http://www.msnbc.msn.com/id/24530214/

Driver kills dog, then sues owners for damage
Jeffery Ely hit the miniature pinscher when the dog ran onto the road
   
updated 7:39 p.m. MT, 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.

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Looks to me like the dogowners are at fault here though i don't see how
hitting a 13 pound dog can hurt a car.