‘I WILL GO TO JAIL, I’M NOT PAYING HER’

OWNER OF DOG WHICH STRAYED ONTO ROAD DAMAGING CAR REFUSES TO PAY FOR REPAIRS

The driver of a car which struck and killed a dog on the outskirts of New Ross came to the District Court seeking to recoup the cost of repairs to the vehicle.

Tania and Kieran Murphy of Ashgrove, Kilscanlon, Foulksmills took Small Claims Court action against Angela Dempsey of 26 Barrow View Heights in New Ross.

The dog, described in court at Wexford as ‘ half Staff ’ was hit when it strayed on to the N25 on the evening of November 1 where a 100 km/h speed limit applies.

Tania Murphy was at the wheel and she gave evidence of how she braked and swerved but was unable to avoid the animal which appeared dazzled by the headlights: ‘I had no chance of stopping’.

The following day, gardaí arrived at the home of Angela Dempsey to tell her the dog was dead.

In court, Ms Dempsey said her grandchildren were still pining for the terrier which she had for eight years after it was bought by her son for €500.

She recalled how, on the date in question, she went to Wexford with her four year old grand-daughter leaving the dog locked in a shed.

The applicant looked for €845 to cover the repairs to her 171 registered vehicle but the respondent felt there was no way that the dog could have done that much damage.

Judge John Cheatle found the pet owner 70 per cent to blame for what happened and he granted a decree for €593 to the Murphys.

At first Ms Dempsey indicated that she might be prepared to pay at a rate of €5 per month but after the decree was made out she declared: ‘I’ll go to jail. I won’t pay her. Do what you like, I’m not paying it.’