S.P.A. Member Sued for Helping Stray Dog!
S.P.A. Member, Terry McGrady, of Fremont, Ohio was recently sued by his neighbor for rescuing a dog running at large.
In a Woodville, Ohio courtroom, Judge Adams ruled against McGrady and McGrady was ordered to pay $500 to his neighbor while acting on behalf of S.P.A. to help a stray dog.
S.P.A. is appealing this decision, and it will be heard in the Sixth District Court of Appeals in Toledo.
There are currently no state laws in Ohio which define the rights and responsibilities oforganizations or individuals who help stray animals in need. THIS IS TRUE IN MOST STATES.
This case could set a precedent regarding rescuers/individuals helping stray cats and dogs everywhere. There are currently no state laws in Ohio regarding rescue organizations (or individuals) helping stray animals in need.
[b]WHY WAS TERRY MCGRADY SUED?
A dog came to the McGrady's front porch on Saturday, October 13th, 2007 early in the early morning. When it became light, McGradys asked their neighbors, who lives across the road, if they had ever seen the dog before, and they said they hadn't.
McGradys then contacted another member to discuss what to do with the dog. It was decided that the dog should be taken to the vet's office to be boarded while an attempt was made to find the dog's owner.
The dog had no license or I.D. The dog was checked for a microchip at the vet's office and there was none. The dog was placed on S.P.A.'s bill at the vet's office, and was regarded as an S.P.A. animal. The vet's office was told to hold up on any medical procedures until an effort to find the owner was made.
Barb McGrady left word with the Dog Pound that they had found the dog, and called the local newspaper first thing on the following Monday morning to place a FOUND ad.
The FOUND ad ran in the paper that Tuesday, Wednesday and Thursday. Does that seem like S.P.A. didn’t want to find the dog's owner?
Since S.P.A. was paying to board the dog, and hadn't received a response to their ad by Friday, they decided to adopt the dog to a family who was interested in making him a part of their family.
Keep in mind, the dog had been in S.P.A.'s care Saturday, Sunday, Monday, Tuesday, Wednesday, Thursday, and Friday. Seven days.
Dianne, an S.P.A. member, had mentioned to a couple living near Cleveland, who had adopted a dog from S.P.A. before, that this dog needed a home and on Friday it was decided that they would adopt this dog. They were excited as they had recently lost a beloved dog to old age.
So S.P.A. told Fremont Animal Hospital to vet the dog, including neutering, all shots, and heartworm check.
On Saturday morning, the dog was taken by an S.P.A. member to his new home in Cleveland.
THE BASIS OF THE LAW SUIT
On Saturday morning, Terry McGrady played his answering machine messages from the night before. There was a message from a man who said that he thought that the dog advertised in the paper might be a dog he was trying out on his farm. He had had the dog about a week, he said. The dog was licensed to a friend of his who lives in Oak Harbor.
Terry called the man back and explained to him that the dog had been advertised all week in the News-Messenger in the Lost and Found column.
They asked this man why he hadn’t checked sooner for the dog he was missing and he said he was busy farming.
This man is a neighbor of McGradys. They explained that the dog had been fully vetted, neutered, and was on his way to a new home in Cleveland. He told the McGradys that if the dog worked out at his place he planned on having him neutered.
This man hadn't checked at the dog pound on Saturday, Sunday, Monday, Tuesday, Wednesday, or Thursday. He did check at the pound that Friday night after work and was told that there was an ad in the paper about a dog found on CR 41. He then called McGrady's later that Friday evening, a full week after the dog went missing.
He then called McGrady's back on Sunday and screamed at the McGrady's, threatening them McGradys with a lawsuit.
At no time during those days, Saturday, Sunday, Monday, Tuesday, Wednesday, Thursday, or Friday did this man place an ad in the paper nor did he even take the time to look in the newspaper in the Lost and Found column.
S.P.A.'s ad advertising the dog as FOUND was there.
He didn't ask his next door neighbors if they had seen his dog nor did he inquire with the McGradys.
He didn't check at the dog pound until Friday.
The McGrady's neighbor decided to obtain an attorney, and S.P.A.'s attorney made it clear that he didn't have a leg to stand on. He had accused Barbara and Terry McGrady of "stealing" his dog, which was slanderous and untrue. The dog was not licensed to this man, and he had no proof what-so-ever that the dog was even his, which in actuality, the dog wasn't. HE PRODUCED NO BILL OF SALE AT THAT TIME, and the case was dropped.
He said that his attorney suggested that he file suit in Small Claims Court, which he did, but not against S.P.A., rather, the suit was filed against Terry McGrady, who was acting as an agent of S.P.A. and was helping a stray dog like he had done many times before.
The documents Terry McGrady received said this man was suing him for $750 for lost stud fees. That seemed very odd since this man had made the comment that he planned on having the dog neutered, "IF HE WORKED OUT."
S.P.A. felt certain that they had done everything they could to find the owner. Their vet bill was over $230 and the dog had been adopted to the family in Cleveland for $75. They certainly didn't help this dog to make money. Their motives seemed obvious.. to help a stray dog in need.
In court, the man said that he had purchased the dog, and SUDDENTLY PRODUCED A BILL OF SALE.
He said, UNDER OATH, that he never told the McGradys that he was planning on having the dog neutered or that he was "trying the dog out" and that the dog actually belonged to a guy he works with in Oak Harbor.
He denied under oath ever having made any of these comments.
The man said to McGrady in court in front of the judge, "You people need to learn the laws of the country. If my sheep got out, you’d have no right to neuter my sheep and give it to someone. Well I regard my dog like livestock. It’s no different. "
The judge told Terry McGrady that he wasna't as "protected" as he thought he was.
The judge ruled against Terry McGrady citing that he had adopted the dog knowing that it belonged to his neighbor and he was ordered to pay this man $500.
S.P.A. had no way of knowing the dog belonged to his neighbor. His adoption had been arranged on Friday, and he was delivered early Saturday morning.
The McGradys are appealing and have hired an attorney to represent them in this case.
Attorney (and animal advocate) Terry Jonathon Lodge will be filing an appeal. S.P.A. will be covering the expenses and would appreciate donations to help pay for legal fees.
We have every belief that this case will be overturned. If it isn't overturned, it would mean that any rescue who decides to help a stray dog could ultimately be sued for doing so.
It also means that anyone acting on behalf of an organization can be sued personally for their actions.
Donations can be made to:
S.P.A.'s Legal Fund • P.O. Box 1047 • Fremont, OH 43420
Or you can donate securly, online by clicking DONATE in the pink bar at the top of this page.
S.P.A. is requesting that you voice your opinion concerning this lawsuit to: Representative Chris Redfern • 77 S. High St. • 10th Floor • Columbus, OH 43215-6111 • Telephone: (614) 644-6011 • Fax : (614) 719-6980 • district80@ohr.state.oh.us
Any comments regarding this incident can be sent to S.P.A. at: spaohio@sbcglobal.net. Please cc the attorney representing this case: Terry Lodge, Esq. at: tjlodge50@yahoo.com.