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00:00John Kosoboen is suing
00:05dog breeder Chantel
00:06for medical bills
00:08ambulance fees
00:10and stealing his dog
00:12court come to order
00:13all rise
00:15have a seat please
00:17judge case 4022
00:20Kosoboen versus Semenchik
00:21thank you
00:21you're welcome
00:22Mr. Kosoboen your case
00:23is relatively simple
00:25you claim that the
00:26defendant gave you a dog
00:27and then took it back
00:28and in the process of
00:30trying to prevent
00:31the defendant
00:31or her surrogates
00:34her employees
00:35from taking the dog
00:36back
00:36you were injured
00:37by her employees
00:39that's your lawsuit
00:40the defendant says
00:41that you're an animal
00:42abuser
00:42she never gave you
00:44the dog
00:44it was a
00:45trial basis
00:45to see how it worked out
00:46you neglected the dog
00:48causing it to be injured
00:50and requiring surgery
00:52on the dog
00:53yes
00:53first tell
00:55tell me where the two
00:55of you live
00:56I live in South Jersey
00:57South Jersey
00:58do you have a business
01:00or is it a rescue service
01:01or
01:02I raise Dalmatians
01:03Dalmatians
01:04they're
01:05the firehouse dogs
01:06yes
01:07yes
01:07that's it
01:07how long have you
01:08been doing that
01:09I've had
01:10most of my life
01:10but for the last
01:11like eight years
01:12I've been raising them
01:14how do
01:14you
01:15know the plaintiff
01:15he contacted me
01:17interested in adopting
01:19one of
01:20adult dogs
01:20that we have
01:21I often
01:22do you have a website
01:23Facebook page
01:25mostly
01:25and a website
01:26and I also help
01:27other people
01:27rehome their dogs
01:28so we have a pretty
01:29big following
01:30so people
01:30if they can't keep
01:31their Dalmatians
01:32will reach out
01:32just Dalmatians
01:33yeah
01:33okay
01:34and
01:34Ms.
01:35Mr. Kosobo
01:35what motivated you
01:37to contact her
01:38I wanted a Dalmatian
01:40and I'd seen it on the
01:42internet
01:42you know
01:43the Dalmatian farm
01:44so I called her
01:45okay
01:45had you had a dog
01:46previously
01:47yes
01:48I've had two other
01:48Dalmatians
01:49for a third
01:5013 years
01:50when did they
01:51pass
01:52one in
01:5306
01:54and one
01:54a
01:540
01:55four years ago
01:55you decided
01:56it was time
01:56to get another dog
01:57yes
01:58okay
01:58so you contacted
01:59the defense
02:00the defendant
02:00had a discussion
02:01with her
02:01she said
02:02she had an adult
02:03dog
02:03how old
02:04like a year
02:04she had three
02:06of them
02:06she said
02:07male or female
02:08female
02:09mid-range
02:09to go
02:10and see
02:10the dog
02:11yes
02:11saw the dog
02:12did you take it
02:13home that day
02:13what happened
02:14was
02:14when I got there
02:15there were three
02:16of them
02:16and I really
02:17didn't like
02:17any of them
02:18and she said
02:19you know
02:19what
02:19wait one second
02:21she goes
02:22I got one upstairs
02:22I forgot about
02:23don't look at there
02:24look at me
02:24wait a minute
02:25she said
02:25I got one upstairs
02:26I forgot about
02:27she come down
02:28with baby
02:29that's what I named
02:29her
02:29and she come down
02:31beautiful dog
02:32and jumped my arms
02:33and I left with her
02:34and an uber
02:35and how old
02:37was that dog
02:37like a year old
02:38why were you
02:39parting with that dog
02:41that particular one
02:42I never used her
02:43in my breeding program
02:44I
02:44raised her
02:45from a puppy
02:46she was born with me
02:47and she was really gentle
02:49really
02:49you know
02:50in his situation
02:51that he explained
02:51that he had had a stroke
02:52he needed a gentle dog
02:53I felt she
02:54he would have made
02:55a great match
02:56for him
02:56and she was two
02:57when did you have
02:58your stroke
02:58September
02:59a 21
03:00and that's why
03:01he told you
03:02he wanted a dog
03:03because he had a stroke
03:04he wanted a
03:04dog not a puppy
03:05because he wanted
03:06something that
03:07didn't require
03:07so much work
03:08okay
03:09and this was a
03:09you
03:0920 year old
03:10who had not been
03:11in your breeding program
03:11she was two
03:12at the time
03:13two
03:13yeah
03:14okay
03:15so on what date
03:16did you take the dog
03:17home
03:17Mr. Cassidy
03:18I believe it was like
03:19the first
03:19it was the beginning
03:19of the year
03:19in January
03:20give me a date
03:22in January
03:22do you have the date
03:23yeah I believe it was
03:24the
03:2418th
03:25yeah it was
03:28the 18th
03:29of January
03:30when he came to your house
03:32correct
03:33and took the dog
03:34correct
03:34okay
03:35and you had the dog
03:36for how long
03:37sir
03:37before the dog
03:38had an accident
03:39uh
03:39the dog got hit
03:40uh
03:41on like February
03:42uh
03:4222nd I believe
03:44is that the
03:44do you have the
03:44date that you have
03:45okay so approximately
03:47one month later
03:48the dog
03:49okay
03:49somehow got out of your house
03:51and was hit by a car
03:52my plumber
03:53yes
03:53my plumber
03:54let her out
03:55by accident
03:55whoever let her out
03:57it was
03:57can't blame somebody else
03:59the dog
04:00the dog was in your care
04:01the dog got out of the house
04:02yes
04:03and was hit by a car
04:04yes
04:05on what day
04:06was that
04:06uh
04:07February 24th
04:08and it was the
04:0920th
04:0928th
04:10that he called you
04:11yeah
04:12he called me
04:12it was a Tuesday
04:13um
04:15in February
04:16the 24th
04:17is the day
04:18that I took her
04:18to
04:18to the vet
04:19but he actually
04:20called me
04:20the 24th
04:22was the day
04:23you took her
04:23to the vet
04:23to the vet
04:24with the injury
04:26from being hit
04:27she had been hit
04:28a week early
04:28you have the vet report
04:31I have the vet report
04:33from when
04:33I got the dog
04:35back
04:35from him
04:36but that's what
04:36I'm asking you
04:37yeah
04:37what I'm asking you
04:38sir is
04:39not when she took
04:40the dog
04:41when was the dog
04:42hit by a car
04:43she has the
04:43vet report
04:44you want to tell me
04:45it was that Thursday
04:46that she got
04:47so Thursday
04:48she was
04:48hit by a car
04:49yes
04:50and you didn't
04:51call her
04:51until Saturday
04:53I
04:53I have no need
04:54to call her
04:55which what it is
04:55is she called me
04:56like every few days
04:57since the
04:58the day
04:58that I got the dog
05:00oh it's a check
05:01to check on the dog
05:02and I found out why
05:03it's
05:03because she was
05:04really the owner
05:05she when I got the dog
05:06she told me
05:07that it was a year old
05:07and that
05:08the
05:08the owners
05:09that bought it off
05:10of her
05:10had moved out of town
05:11and they couldn't
05:12take the dog
05:12with her
05:13and so they had
05:14to give it back
05:15so she took it back
05:16from them
05:16what does that have
05:17to do with the question
05:18that I asked you
05:20which was
05:21she called you
05:22every few days
05:23to find
05:23out how the dog was
05:25yes
05:25and when she called
05:26you on Saturday
05:27you told her
05:28that
05:28that the dog
05:29had gotten
05:30hit by a car
05:31the previous Thursday
05:33the two
05:33two days earlier
05:34two days earlier
05:35the dog
05:36had gotten
05:36hit by a car
05:38yes
05:38and
05:39I could not catch her
05:40she was running
05:41around the house
05:41and the state troopers
05:42even helped me
05:43for
05:43three straight days
05:44you said
05:48that
05:48you had
05:49previously
05:50had
05:50Dalmatians
05:51yes
05:51what about
05:52your beagles
05:53what about
05:53them
05:54that's a yes
05:55that's not a hard
05:55question
05:56yeah
05:56English is your
05:57primary language
05:58right
05:58hmm
06:03you
06:05you
06:08John Kosoboon, claims dog braider, Chantel Somanchik.
06:13Owes for injuries caused by her representatives while retrieving a Dalmatian.
06:18Okay, so that on Thursday she was hit by a...
06:23Thursday's the day she got out.
06:26Thursday was the day she got out.
06:28Do you know...
06:28When she was hit by a car.
06:30Yes, on a Saturday.
06:32Now it's coming.
06:33So the dog did not sleep in your house Thursday night or Friday night.
06:38No, it was loose.
06:41We'll come to find out.
06:43I'm asking questions, you give me answers.
06:45Okay.
06:46The dog got loose on Thursday.
06:48You didn't contact her on Thursday.
06:51Pay attention to me.
06:53You didn't...
06:53You didn't contact her on Thursday.
06:55Sir, I'm asking you a question.
06:57Yeah, I did.
06:57I spoke to her every day since...
06:58I got loose.
06:59I talked to her on Thursday.
07:00Okay, so you did contact her on Thursday.
07:03Yes.
07:03Did you give him any advice on Thursday?
07:06He actually contacted me...
07:08on a Tuesday and the dog had already been loose and been...
07:13hit by a car on a Sunday and then two days later is when he contacted me to tell me...
07:18At that time, the dog was running loose in his house.
07:21He couldn't catch her.
07:22He was concerned about getting...
07:23her microchip number to get official ownership.
07:27I didn't have that on me.
07:28I was in New York.
07:28And then I offered to send my girls over to help catch her.
07:33At that point, 20 minutes later, he tells me,
07:36don't bother.
07:38She just got hip...
07:38by a car and she ran off.
07:40And this was what date?
07:42This was a Tuesday.
07:43on the 20th, maybe the 20th.
07:47I got possession of the...
07:48dog on the 24th, which was a Saturday.
07:51The 20th is when he finally called me...
07:53to tell me the dog was running loose and then he told me she got hit by a car 20 minutes...
07:58That was on the 20th?
08:00On the 20th.
08:01But she actually had gotten hit on Sunday.
08:03Like...
08:03like the 18th.
08:05And the dog got to the vet on the 24th?
08:08The day I brought...
08:08I brought her to the vet or my girls did, yeah.
08:10Okay.
08:11Now, I'd like just to see the vet report.
08:13Please.
08:18I do...
08:23I should have pictures of her injuries.
08:25I'd like to see them.
08:28But now, I'll check on the vet entirely.
08:53I'm not sure, we've got into...
08:58state troopers tried, nobody
09:00could get the dog, so the dog is walking around
09:02with...
09:03No, it didn't get hit till
09:05Saturday. The 24th is the day it got
09:07hit. I mean...
09:08No, that's not what she says.
09:09I know that you're right.
09:10That's not what she says. That's not the 24th.
09:13That's the day she got hit.
09:14That's the day I got the dog from him.
09:17That was after she'd been hit.
09:18A week already.
09:19Mm-hmm.
09:20Is that the truth?
09:21Just...
09:22I'm reading the...
09:23She got hit on the 24th.
09:26Did any of your neighbors see the dog get hit?
09:28On the 24th?
09:29Yes.
09:30Who?
09:31My neighbor, both neighbors across the street.
09:33Your Honor, I might be able to help you with that.
09:35Mm-hmm.
09:36Um, so I have a...
09:38report from the animal control...
09:40Oh, may I see it, please?
09:41...that has been dealing with him for years.
09:43That's easy.
09:43And there's also a transcript of a phone call from his neighbor.
09:47Um, I also have...
09:48I can play you the audio of it as well.
09:50Hold on one second.
09:52You would venture to see...
09:53Mr. Kassifun, that if the dog was hit by a car...
09:58A day or two or three...
10:00Just listen to my question.
10:02A day...
10:03A day or two or three...
10:05...before it was taken to the vet.
10:08You shouldn't have that dog.
10:09I agree.
10:10Right.
10:11Let's all be clear about that.
10:12Yeah.
10:13You said that you had previously had Dalmatians.
10:18Yeah.
10:18Yes.
10:18What about your beagles?
10:20Yeah, rabbit dogs.
10:21What about your beagles?
10:22What about them?
10:23Well, did you have the beagles after the last Dalmatian died?
10:28Yes, I've had them.
10:29Yes.
10:29That's a yes.
10:30That's not a hard question.
10:31Yeah.
10:32English is your primary...
10:33English is your primary language, right?
10:34Yes.
10:35Good.
10:35And how many times did animal control tell you...
10:38that they didn't want your beagles running around because it was dangerous?
10:41How many times?
10:43Probably.
10:43By half a dozen every time.
10:44Half a dozen.
10:45Yeah.
10:45And eventually they will...
10:48re-homed the two beagles.
10:50That's a lie.
10:51Mr. Cosmo should not have custody of any...
10:53His original two beagles that continually got use eventually were re-homed due to...
10:58his negligence just with opening the door so they could run loose.
11:02They've never been to have.
11:03One of the...
11:03The beagles needed medical care and the police did a seizure, forfeiture of the dogs.
11:08That's from the shore animal control.
11:10I'm just reading you.
11:11I'm just reading you, sir.
11:13So this wasn't an accident.
11:15This was a history.
11:17You were told in...
11:18January and February not to let this dog out.
11:22This dog was...
11:23This dog was let out before.
11:24The beagles?
11:25This dog was let out before.
11:28February 24th.
11:30Let out by you.
11:33And you were told not to do it.
11:34Told not to do what?
11:36Let the domination?
11:37Let your dogs out.
11:38I have beagles.
11:38I have three acres of land and it's all woods and my beagles run rabbits.
11:43And when I would let them out purposely to run the rabbits and then the neighbors would...
11:48Call because they didn't like the noise.
11:50On January 27th, his newly adopted...
11:53Dalmatian was running at large.
11:55A finder returned the dog on...
11:58On 2-18, he leaves his door open and the Dalmatian is getting out.
12:02On 2-18, he leaves his door open and the Dalmatian is getting out.
12:0322, his dog was hit by a car and needed medical care.
12:08The person he adopted the dog from was picking up and transporting the dog to the hospital.
12:13That was on the 22nd.
12:15On the 24th, a resident calling for an update.
12:18On his dog that was hit by a car, she stated she knew it was going to happen if he couldn't...
12:23contain the dogs.
12:24Did you provide this information to Animal Control?
12:27No, they provided...
12:28They provided it to me.
12:29To you.
12:30Okay.
12:31I'd like to see the next statement from the neighbor, please.
12:32Okay, so...
12:33This is a transcript of an audio call, but...
12:36So Animal Control sent me...
12:38If you have any voicemails of that, I can play it for you.
12:41Sure.
12:42I'm looking for...
12:43What's the date of this?
12:44On the 22nd of February is when Animal Control sent me...
12:48the voice recordings of that.
12:49This voice recording.
12:50Because I was in contact with them.
12:53Okay.
12:54So this was on the 22nd.
12:55Uh-huh.
12:56That I...
12:57That they sent it...
12:58So it was probably before that.
12:59When that...
13:00Let's say it was the 22nd.
13:01Okay.
13:02Because this...
13:03It talks about the dog getting hit.
13:05So it happened...
13:06And you retrieved the dog on the 24th?
13:08Yeah.
13:09And I got the dog on the 24th.
13:10Yeah.
13:11Okay.
13:12Well that's two days.
13:13Okay.
13:14So...
13:13Let's understand this, Mr. Cassavon.
13:15You had the dog for about a month.
13:17Yes.
13:18In that month's time, the dog got out several times.
13:20Yeah.
13:21The dog was a runner.
13:22Shh.
13:23She wasn't there in the car when the dog was...
13:28Finally...
13:29Yeah.
13:30...caught.
13:31Was she there?
13:32No.
13:33She said she was in New York and she said...
13:33Shh.
13:34Just answer my question.
13:35Was she in the car?
13:36No.
13:37She wasn't.
13:38Then what are you...
13:38doing her for?
13:43No.
13:44No.
13:45No.
13:46No.
13:47No.
13:48No.
13:49No.
13:50No.
13:51No.
13:52No.
13:53No.
13:54No.
13:55No.
13:56No.
13:57No.
13:58We'll see you next time.
13:59Bye for now.
13:58Now, this was not the first time you let other dogs out,
14:01and you had difficulties with other dogs.
14:03That you had left out, you would relinquish the beagles to animal control.
14:07Did you turn...
14:09No, ma'am.
14:10What did you do with the beagles?
14:11I sold them to another rabbit hunter.
14:13Why did you sell them?
14:14Because I couldn't...
14:15I don't want to take care of them anymore.
14:16I couldn't really afford it, and it's hard enough.
14:18Just to get around.
14:19So what did you get another dog for?
14:21Rabbit dogs, they lived in it.
14:23They lived in a pen since they were born.
14:24I didn't get them until they were nine years old.
14:26And, you know, it's not really much of a...
14:28I was a pet, and I don't like keeping an animal in the cage.
14:30I thought it would be better.
14:31Well, you didn't keep the beagles in the cage.
14:32They were out all the time.
14:33Yeah, man.
14:34The only time they got out was when I let them out to run the rabbits.
14:36And when I let them out, the neighbors would call...
14:38Okay, fine.
14:39All right.
14:40So now I'm...
14:41This is what the case about.
14:43You want the dog back.
14:44You have the dog, or you have or have the dog.
14:47You want the dog back.
14:48They took the dog to the vet.
14:49They paid thousands of dollars in vet bills to get the dog's legs.
14:53set, bandaged, taken care of.
14:55You want the dog back.
14:56Yeah.
14:57Can't have it.
14:58Hmm.
14:59Now let's get to the other part of your case.
15:01The other part of your case...
15:03is that you were assaulted by her employees or people at...
15:07She wasn't.
15:08there in the car when the dog was finally caught.
15:11Yeah.
15:12Was she there?
15:13She...
15:13No.
15:14She said she was in New York and she said...
15:15Shh.
15:16That's not what I...
15:17Just answer my question.
15:18Was she in the car?
15:19No.
15:20When the car that was being driven by...
15:23by the two people that came to pick up the dog, allegedly hurt you?
15:27Yes.
15:28Was she in the car?
15:29No.
15:30No.
15:31She wasn't.
15:32Speak.
15:33No.
15:33Good.
15:34Then what are you suing her for?
15:35If they committed a crime by assaulting you...
15:38with the car, because what I gather was, from your papers, you were...
15:43trying to open up the car door.
15:45The car was moving with the dog in the...
15:48and you knew where they were going.
15:49They were taking it to the vet.
15:50They had finally caught it.
15:51And you said...
15:53You saw with your own eyes.
15:55I said...
15:56You want to see the pictures?
15:57You said...
15:58No.
15:59I saw...
15:58I saw the dog with my own eyes.
15:59So you saw that the dog was injured.
16:00Yeah.
16:01I helped him put it in the car.
16:02Right.
16:03And they were taking the dog to the vet.
16:05So you knew where they were going.
16:06They weren't taking it...
16:07No.
16:08No.
16:08I did know.
16:09I made the appointment for the animal shelter earlier that morning, the second...
16:13I got hit.
16:14I called immediately.
16:15Told him that the leg got broke.
16:17I'm trying to get...
16:18Get her now.
16:19Bringing her straight to you.
16:20The dog got hit two days before.
16:22That's what the...
16:23The voicemail says that on the 22nd of February...
16:28This neighbor talks about the dog getting hit by a car.
16:31Well, they might have seen it.
16:32I didn't...
16:33I didn't see the dog get hit by a car.
16:34You...
16:35Well, then you say, I didn't see the dog getting hit on the 24th...
16:38Was the first day I saw the dog.
16:40Yes.
16:41Well, that's a different story.
16:43You understand that?
16:44Yes.
16:45The dog got hit and was suffering for two days...
16:48Before you saw it.
16:49I couldn't catch it.
16:50Yes.
16:51You can't...
16:52So you can't have the dog back.
16:53That's...
16:53It's clear.
16:54The only other part of your case is whether or not you got hurt when they were trying to...
16:58take the dog and you were trying to get the dog out of the back seat of the car to the vet.
17:03That's what your case is about.
17:05You say that you were pulling the car door open...
17:08trying to get another one of their dogs out of the car because they had brought a second dog to try...
17:13try to entice your dog.
17:15That's what you say.
17:16Yeah.
17:17You were trying to grab...
17:18You were trying to grab the dog and they sped away and they ran you over.
17:21Yep.
17:22Well...
17:23If that's the story, then did you file a police report?
17:26Yeah.
17:27The troopers come.
17:28They...
17:28They escorted a lady back with the dog.
17:29Just a second.
17:30Forget about the dog.
17:31You're not getting the dog back.
17:32You shouldn't have...
17:33custody of a gerbil.
17:34Well, maybe that would be a good companion for you.
17:38Since you don't get around too easily and that has a cage, that's where it goes.
17:41It's very happy.
17:42You want to let it...
17:43Let it out, let it out in your house.
17:44Why sue her if somebody else hit you?
17:48With their car.
17:49For the medical bills.
17:50Because she said they...
17:51Because she's the one who sent them there.
17:53I didn't want to sue for the money.
17:54I wanted the dog back.
17:55Oh!
17:56You don't want to sue for the money?
17:57I did, just for the medical.
17:58I'm not trying to get any free money.
18:00Sorry.
18:01Sue the person who hit you with the car.
18:03That wasn't her.
18:04She wasn't in the car.
18:05Okay.
18:06Bye!
18:07Your case is dismissed.
18:08Good turn.
18:09This court is adjourned.
18:13What she said was a lie.
18:14What it was, the lady, it was her dog.
18:16I think she was perfectly spot on.
18:18She could see that he was lying about quite a few things.
18:21The truth is, it was her dog.
18:23Unfortunately, I made a poor judgement call of giving the dog to him in the first place.
18:28Totally changed my protocol.
18:30Me and the troopers and neighbors tried to catch it.
18:32Tried the best we could.
18:33Thankfully, he called me to come get her and we were able to quickly get the dog and save
18:37her leg.
18:38She almost lost it.
18:39Even our dog.
18:40I just hope that whoever he tries to get a dog from...
18:43is smart enough to do their research on who they adopt dogs to and not make the mistake
18:48I...
18:48Now I know that you're kind and loving to the dogs in our family.
18:53Mm-hmm.
18:54But not from your soul, a dog person.
18:56Would that be fair?
18:57Yes.
18:58Fair.
18:59Fair.
19:00Still never like to see what happened here to any animal.
19:03Let alone a nice dog, Dalmatian, but...
19:05Right.
19:06But we differ.
19:07So some people really...
19:08treat their dogs as if they're people.
19:09Sure.
19:10You know.
19:11I'm not in that club.
19:12You're not in that club.
19:13Unfortunately.
19:13I am.
19:14Because it's just another person that you have to take care of.
19:17Because the dog...
19:18It depends on you for nurturing, for nourishing...
19:23For nourishment, for safety.
19:24Mm-hmm.
19:25They're cunning for themselves.
19:26Mm-hmm.
19:27But they're not smart enough.
19:28to know that they shouldn't cross the red light.
19:31Mm-hmm.
19:32So you have to be...
19:33responsible.
19:34And I think I just get nuts when people take dogs...
19:38that they get for free.
19:39Mm-hmm.
19:40Like he did.
19:41And then treat it irresistible.
19:43responsibly.
19:44Yeah.
19:45Because certainly that injury was so painful to the dog...
19:48For two days before...
19:49For two days.
19:50For two days before it got injured.
19:53any assistance.
19:54Mm-hmm.
19:55And this wasn't the first dog that he had.
19:58that he had a problem with.
20:00Because he said that...
20:03His plumber let the dog out, I believe.
20:05Isn't that what he said, Sarah?
20:06Yeah.
20:07That is what he said.
20:08My plumber let the...
20:08But he had let out a lot of dogs before then.
20:10All...
20:11All his other dogs before that, because...
20:13the neighbors complained all the time that he just let the dogs out.
20:16Anyway.
20:17I think the dog's better off.
20:18with the defendant.
20:19The dog's better off wherever she rehomed this dog.
20:22And...
20:23As far as his injuries were concerned, that was easy.
20:26Yeah.
20:27You sue the right person.
20:28Mm-hmm.
20:29File a police report.
20:30Yep.
20:31If they'd committed a crime, try prosecuting it.
20:33Yeah.
20:34I have a feeling that I was the court of last resort, not the first one.
20:37Yeah.
20:38I agree.
20:38Anyway.
20:39I think at least the dog's better off.
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