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