OBRA: OBRA Chat: Washington County

Todd.Dye@CH2M.com

2010-09-23

Yeah....but it sounds like you may get a better settlement if that was the dog's intent.

From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] On Behalf Of craig austin
Sent: Wednesday, September 22, 2010 4:03 PM
To: c.rycewicz@comcast.net
Cc: OBRA remailer
Subject: Re: [OBRA Chat] Washington County - Moreland Road - Problem Dog

It's reassuring that no longer must a fallen cyclist be defecated upon or fornicated with by a dog in order for justice to be meted out. Truly we live in enlightened times.

Craig
On Wed, Sep 22, 2010 at 3:54 PM, > wrote:
There is an Oregon statute that prohibits a dog owner from allowing his or her dog to roam at large. The legislative history of the statute indicates that the legislature's primary intent in enacting the statute was to discourage dog owners from allowing their beasts to roam at large and defecate and fornicate at will. Several lawyers used the statute as a basis for trying to hold dog owners liable to cyclists injured in collisions with dogs. The attorneys for the dog owners pointed to the legislative history and argued that the statute was not intended to provide a cause of action to a cyclist injured in a collision with a dog. These arguments diminished the settlement value of the injured cyclists' claims. Eventually, the Oregon Court of Appeals liberally construed the statute to allow causes of actions in instances beyond mere dog fornication and defecation.

This sounds strange but its true. The only time I ever had my deposition taken was as a witness to a bike/dog accident where a friend was injured. He settled for less that he should have received because of the statute's legislative history.

Ginsberg probably knows the cites to the statute and the case.

Christopher A. Rycewicz%0D%0Ac.rycewicz%40comcast.net

----- Original Message -----
From: "Mike Murray" >
Cc: "OBRA remailer" >
Sent: Wednesday, September 22, 2010 3:38:50 PM
Subject: Re: [OBRA Chat] Washington County - Moreland Road - Problem Dog

You can't let them "roam free" anywhere. Animals you own are your property. It is your responsibility to make sure they do not damage someone else. It is not the same as if it were a wild animal.
Mike Murray - Sent via BlackBerry from T-Mobile

-----Original Message-----
From: tackyglueit >
Sender: obra-bounces@list.obra.org
Date: Wed, 22 Sep 2010 14:58:11
To: Sarah Tisdale>
Cc: obra>
Subject: Re: [OBRA Chat] Washington County - Moreland Road - Problem Dog

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Rick Johnson

2010-09-22

Add that one to the "Best of OBRA Chat"...

:-D

Rick

Rick Johnson
Bend, Oregon

Every revolutionary idea seems to evoke three stages of reaction...
One, it's completely impossible.
Two, it's possible, but it's not worth doing.
Three, I said it was a good idea all along.

Arthur C. Clarke

On 9/22/2010 4:02 PM, craig austin wrote:

It's reassuring that no longer must a fallen cyclist
be defecated upon or fornicated with by a dog in order for justice
to be meted out. Truly we live in enlightened times.

Craig

On Wed, Sep 22, 2010 at 3:54 PM, <c.rycewicz@comcast.net>
wrote:

There is an Oregon statute that
prohibits a dog owner from allowing his or her dog to
roam at large. The legislative history of the statute
indicates that the legislature's primary intent in
enacting the statute was to discourage dog owners from
allowing their beasts to roam at large and defecate and
fornicate at will. Several lawyers used the statute as a
basis for trying to hold dog owners liable to cyclists
injured in collisions with dogs. The attorneys for the
dog owners pointed to the legislative history and argued
that the statute was not intended to provide a cause of
action to a cyclist injured in a collision with a dog.
These arguments diminished the settlement value of the
injured cyclists' claims. Eventually, the Oregon Court
of Appeals liberally construed the statute to allow
causes of actions in instances beyond mere dog
fornication and defecation.

This sounds strange but its true. The only time I ever
had my deposition taken was as a witness to a bike/dog
accident where a friend was injured. He settled for
less that he should have received because of the
statute's legislative history.

Ginsberg probably knows the cites to the statute and the
case.

Christopher A. Rycewicz%0D%0Ac.rycewicz%40comcast.net

----- Original Message -----

From: "Mike Murray" <mike.murray@obra.org>

Cc: "OBRA remailer" <obra@list.obra.org>

Sent: Wednesday, September 22, 2010 3:38:50 PM

Subject: Re: [OBRA Chat] Washington County - Moreland Road
- Problem Dog

You can't let them "roam free" anywhere. Animals you own
are your property. It is your responsibility to make sure
they do not damage someone else. It is not the same as if
it were a wild animal.

Mike Murray - Sent via BlackBerry from T-Mobile

-----Original Message-----

From: tackyglueit <tackyglueit@gmail.com>

Sender: obra-bounces@list.obra.org

Date: Wed, 22 Sep 2010 14:58:11

To: Sarah Tisdale<sarah.s.tisdale@gmail.com>

Cc: obra<obra@list.obra.org>

Subject: Re: [OBRA Chat] Washington County - Moreland Road
- Problem Dog

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craig austin

2010-09-22

It's reassuring that no longer must a fallen cyclist be defecated upon or
fornicated with by a dog in order for justice to be meted out. Truly we live
in enlightened times.

Craig

On Wed, Sep 22, 2010 at 3:54 PM, wrote:

> There is an Oregon statute that prohibits a dog owner from allowing his or
> her dog to roam at large. The legislative history of the statute indicates
> that the legislature's primary intent in enacting the statute was to
> discourage dog owners from allowing their beasts to roam at large and
> defecate and fornicate at will. Several lawyers used the statute as a basis
> for trying to hold dog owners liable to cyclists injured in collisions with
> dogs. The attorneys for the dog owners pointed to the legislative history
> and argued that the statute was not intended to provide a cause of action to
> a cyclist injured in a collision with a dog. These arguments diminished the
> settlement value of the injured cyclists' claims. Eventually, the Oregon
> Court of Appeals liberally construed the statute to allow causes of actions
> in instances beyond mere dog fornication and defecation.
>
> This sounds strange but its true. The only time I ever had my deposition
> taken was as a witness to a bike/dog accident where a friend was injured.
> He settled for less that he should have received because of the statute's
> legislative history.
>
> Ginsberg probably knows the cites to the statute and the case.
>
>
>
>
>
> Christopher A. Rycewicz%0D%0Ac.rycewicz%40comcast.net
>
> ----- Original Message -----
> From: "Mike Murray"
> Cc: "OBRA remailer"
> Sent: Wednesday, September 22, 2010 3:38:50 PM
> Subject: Re: [OBRA Chat] Washington County - Moreland Road - Problem Dog
>
> You can't let them "roam free" anywhere. Animals you own are your property.
> It is your responsibility to make sure they do not damage someone else. It
> is not the same as if it were a wild animal.
> Mike Murray - Sent via BlackBerry from T-Mobile
>
> -----Original Message-----
> From: tackyglueit
> Sender: obra-bounces@list.obra.org
> Date: Wed, 22 Sep 2010 14:58:11
> To: Sarah Tisdale
> Cc: obra
> Subject: Re: [OBRA Chat] Washington County - Moreland Road - Problem Dog
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
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> Unsubscribe: obra-unsubscribe@list.obra.org
>
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>
>

c.rycewicz@comcast.net

2010-09-22

There is an Oregon statute that prohibits a dog owner from allowing his or her dog to roam at large. The legislative history of the statute indicates that the legislature's primary intent in enacting the statute was to discourage dog owners from allowing their beasts to roam at large and defecate and fornicate at will. Several lawyers used the statute as a basis for trying to hold dog owners liable to cyclists injured in collisions with dogs. The attorneys for the dog owners pointed to the legislative history and argued that the statute was not intended to provide a cause of action to a cyclist injured in a collision with a dog. These arguments diminished the settlement value of the injured cyclists' claims. Eventually, the Oregon Court of Appeals liberally construed the statute to allow causes of actions in instances beyond mere dog fornication and defecation.

This sounds strange but its true. The only time I ever had my deposition taken was as a witness to a bike/dog accident where a friend was injured. He settled for less that he should have received because of the statute's legislative history.

Ginsberg probably knows the cites to the statute and the case.

Christopher A. Rycewicz%0D%0Ac.rycewicz%40comcast.net

----- Original Message -----
From: "Mike Murray"
Cc: "OBRA remailer"
Sent: Wednesday, September 22, 2010 3:38:50 PM
Subject: Re: [OBRA Chat] Washington County - Moreland Road - Problem Dog

You can't let them "roam free" anywhere. Animals you own are your property. It is your responsibility to make sure they do not damage someone else. It is not the same as if it were a wild animal.
Mike Murray - Sent via BlackBerry from T-Mobile

-----Original Message-----
From: tackyglueit
Sender: obra-bounces@list.obra.org
Date: Wed, 22 Sep 2010 14:58:11
To: Sarah Tisdale
Cc: obra
Subject: Re: [OBRA Chat] Washington County - Moreland Road - Problem Dog

_______________________________________________
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Mike Murray

2010-09-22

You can't let them "roam free" anywhere. Animals you own are your property. It is your responsibility to make sure they do not damage someone else. It is not the same as if it were a wild animal.
Mike Murray - Sent via BlackBerry from T-Mobile

-----Original Message-----
From: tackyglueit
Sender: obra-bounces@list.obra.org
Date: Wed, 22 Sep 2010 14:58:11
To: Sarah Tisdale
Cc: obra
Subject: Re: [OBRA Chat] Washington County - Moreland Road - Problem Dog

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Mark J. Ginsberg

2010-09-22

county animal control is the more, um, escalated way to go, or recently injured
cyclist hires lawyer

M

Mark J. Ginsberg
Berkshire Ginsberg, LLC
Attorneys At Law
1216 SE Belmont St.
Portland, OR 97214
(503) 542-3000
Fax (503) 233-6874
markjginsberg@yahoo.com
www.bikesafetylaw.com

________________________________
From: Jake Rosenfeld
To: Sarah Tisdale ; obra
Sent: Wed, September 22, 2010 2:54:36 PM
Subject: Re: [OBRA Chat] Washington County - Moreland Road - Problem Dog

Sarah,
More information;
The outcome of last years intrest was that dog owners on both sides of the
road were visited and at that time all of them decided it was a good time for
them to purchase licenses for the animals. Having worked in the neighborhood I
can attest to the fact that the owners on the west side or right hand side going
down hill are concientious about this and the dogs are only out when they are
home. The yellow labs owners are apparantly still in the habit of putting the
dog out when they both go to work, leaving it to roam free. Not sure what it
will take to make it stop, but will say that both owners of the yellow lab seem
to be approachable and reasonable enough that maybe a visit from a sincere
injured person may make more of an impact than another visit from the
authorities.

all the best,
Jake Rosenfeld

________________________________
From: Sarah Tisdale
To: obra
Sent: Wed, September 22, 2010 1:45:39 PM
Subject: [OBRA Chat] Washington County - Moreland Road - Problem Dog

Several times I have ridden up or down Moreland Road out in Washington
County/North Plains. Many times there has been a Yellow Lab in the
road chasing me. If you have had encountered this dog being out of
its yard or being aggressive, read on. If not, please ignore.

On a group ride yesterday, that dog took out a cyclist. It appears
the rider will recover, but his injuries are significant and he will
be in out of commission for a while.

This dog is at the group of houses just downhill from the county line.
The two mailboxes closest are 24511 and 24530 NW Moreland Rd. The
dog lives at the newly-built house on the east side of the road. The
dog is a male yellow lab.

This dog has been previously mentioned on this list back in April of 2009:
http://obra.org/posts/obra/show/52611
http://obra.org/posts/obra/show/52614
http://obra.org/posts/obra/show/52698
http://obra.org/posts/obra/show/52716

My impression is that dog is not aggressive/vicious. It has not
actually bitten me or anyone I know. Still, it has often been
off-leash, barked menacingly, and charged me in the road. The owner
of this dog has failed to keep it leashed and created dangerous
situations as a result. Hopefully, we can prevent this situation (or
something even worse) from happening again.

If you have had encountered this dog being out of its yard or being
aggressive, I encourage you to contact Washington County Animal
Services. For details, see this page:

http://www.co.washington.or.us/HHS/AnimalServices/AnimalControl/Complaints/index.cfm

- To make a complaint, call Animal Services at 503-846-7041

Thanks,
Sarah Tisdale
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tackyglueit

2010-09-22

no offense but i don't know..........if you can't let your animals roam free
out there then...........???
riding is risky business no question.

On Wed, Sep 22, 2010 at 1:45 PM, Sarah Tisdale wrote:

> Several times I have ridden up or down Moreland Road out in Washington
> County/North Plains. Many times there has been a Yellow Lab in the
> road chasing me. If you have had encountered this dog being out of
> its yard or being aggressive, read on. If not, please ignore.
>
> On a group ride yesterday, that dog took out a cyclist. It appears
> the rider will recover, but his injuries are significant and he will
> be in out of commission for a while.
>
> This dog is at the group of houses just downhill from the county line.
> The two mailboxes closest are 24511 and 24530 NW Moreland Rd. The
> dog lives at the newly-built house on the east side of the road. The
> dog is a male yellow lab.
>
> This dog has been previously mentioned on this list back in April of 2009:
> http://obra.org/posts/obra/show/52611
> http://obra.org/posts/obra/show/52614
> http://obra.org/posts/obra/show/52698
> http://obra.org/posts/obra/show/52716
>
> My impression is that dog is not aggressive/vicious. It has not
> actually bitten me or anyone I know. Still, it has often been
> off-leash, barked menacingly, and charged me in the road. The owner
> of this dog has failed to keep it leashed and created dangerous
> situations as a result. Hopefully, we can prevent this situation (or
> something even worse) from happening again.
>
> If you have had encountered this dog being out of its yard or being
> aggressive, I encourage you to contact Washington County Animal
> Services. For details, see this page:
>
> http://www.co.washington.or.us/HHS/AnimalServices/AnimalControl/Complaints/index.cfm
> - To make a complaint, call Animal Services at 503-846-7041
>
> Thanks,
> Sarah Tisdale
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>

Jake Rosenfeld

2010-09-22

Sarah,
More information;
The outcome of last years intrest was that dog owners on both sides of the
road were visited and at that time all of them decided it was a good time for
them to purchase licenses for the animals. Having worked in the neighborhood I
can attest to the fact that the owners on the west side or right hand side going
down hill are concientious about this and the dogs are only out when they are
home. The yellow labs owners are apparantly still in the habit of putting the
dog out when they both go to work, leaving it to roam free. Not sure what it
will take to make it stop, but will say that both owners of the yellow lab seem
to be approachable and reasonable enough that maybe a visit from a sincere
injured person may make more of an impact than another visit from the
authorities.

all the best,
Jake Rosenfeld

________________________________
From: Sarah Tisdale
To: obra
Sent: Wed, September 22, 2010 1:45:39 PM
Subject: [OBRA Chat] Washington County - Moreland Road - Problem Dog

Several times I have ridden up or down Moreland Road out in Washington
County/North Plains. Many times there has been a Yellow Lab in the
road chasing me. If you have had encountered this dog being out of
its yard or being aggressive, read on. If not, please ignore.

On a group ride yesterday, that dog took out a cyclist. It appears
the rider will recover, but his injuries are significant and he will
be in out of commission for a while.

This dog is at the group of houses just downhill from the county line.
The two mailboxes closest are 24511 and 24530 NW Moreland Rd. The
dog lives at the newly-built house on the east side of the road. The
dog is a male yellow lab.

This dog has been previously mentioned on this list back in April of 2009:
http://obra.org/posts/obra/show/52611
http://obra.org/posts/obra/show/52614
http://obra.org/posts/obra/show/52698
http://obra.org/posts/obra/show/52716

My impression is that dog is not aggressive/vicious. It has not
actually bitten me or anyone I know. Still, it has often been
off-leash, barked menacingly, and charged me in the road. The owner
of this dog has failed to keep it leashed and created dangerous
situations as a result. Hopefully, we can prevent this situation (or
something even worse) from happening again.

If you have had encountered this dog being out of its yard or being
aggressive, I encourage you to contact Washington County Animal
Services. For details, see this page:

http://www.co.washington.or.us/HHS/AnimalServices/AnimalControl/Complaints/index.cfm

- To make a complaint, call Animal Services at 503-846-7041

Thanks,
Sarah Tisdale
_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org

Sarah Tisdale

2010-09-22

Several times I have ridden up or down Moreland Road out in Washington
County/North Plains. Many times there has been a Yellow Lab in the
road chasing me. If you have had encountered this dog being out of
its yard or being aggressive, read on. If not, please ignore.

On a group ride yesterday, that dog took out a cyclist. It appears
the rider will recover, but his injuries are significant and he will
be in out of commission for a while.

This dog is at the group of houses just downhill from the county line.
The two mailboxes closest are 24511 and 24530 NW Moreland Rd. The
dog lives at the newly-built house on the east side of the road. The
dog is a male yellow lab.

This dog has been previously mentioned on this list back in April of 2009:
http://obra.org/posts/obra/show/52611
http://obra.org/posts/obra/show/52614
http://obra.org/posts/obra/show/52698
http://obra.org/posts/obra/show/52716

My impression is that dog is not aggressive/vicious. It has not
actually bitten me or anyone I know. Still, it has often been
off-leash, barked menacingly, and charged me in the road. The owner
of this dog has failed to keep it leashed and created dangerous
situations as a result. Hopefully, we can prevent this situation (or
something even worse) from happening again.

If you have had encountered this dog being out of its yard or being
aggressive, I encourage you to contact Washington County Animal
Services. For details, see this page:
http://www.co.washington.or.us/HHS/AnimalServices/AnimalControl/Complaints/index.cfm
- To make a complaint, call Animal Services at 503-846-7041

Thanks,
Sarah Tisdale