Florida Keys News
Saturday, April 24, 2010
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Dog in bar leads to $18K jury award

A Key West jury has awarded a Massachusetts woman $18,000 for injuries she suffered after tripping over a dog at Turtle Kraals Restaurant Bar four years ago.

Alayne Bonnie Dunbar of Marlboro claims she tripped over a customer's dog that was lying near the women's restroom on June 15, 2006, suffering disfigurement and a loss of wage-earning capability, the suit says.

The jury on Thursday found that Dunbar and the restaurant were equally liable in a 50/50 negligence claim, according to court records. She incurred $11,770 in medical costs and $24,230 for pain and suffering, totaling $36,000, the jury found.

Gene Smith, who owns the Southernmost Restaurant Group named in the suit, which includes Turtle Kraals, said he wasn't surprised by the verdict.

"I thought it was fair all the way around," Smith said. "Obviously, 50/50 was fair."

Although state law prohibits dogs in restaurants, Smith said he used to allow them in Turtle Kraals -- but no longer. "We changed it three days ago," Smith said of his policy, adding it applies to all of the businesses that fall under the Southernmost Restaurant Group umbrella. "It's just not worth it."

The group includes the Half Shell Raw Bar, Alonzo's Oyster Bar, A B Lobster House Restaurant, A B Marina and the White Tarpon.

Dunbar and her attorney, Mary Schneider of Coral Gables, could not be reached for comment.

alinhardt@keysnews.com

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I have a great idea! Let's have her local paper see what their

citizen did in Key West and how she was clearly unable to take responsibility for her own actions. Let's see how her neighbors feel about this.

I wrote them! Thanks for the idea!!!

Let's see if the local community stands behind their dirtbag 'citizen' who comes to Key West and messes with our lives because of her own inability to take responsibilty for her own problems. She was drunk? Clumsy? Overweight? Not paying attention? For her to sue the restaurant is nothing but petty and small. I'm just glad she got less than she was offered as a settlement. She nor anyone who supports her in her hometown, are not welcome here.

It'll be interesting to see if we have posts from those people in Massachusetts, huh?

Still can't quite picture it

I am having a hell of a time visualizing how this ridiculous woman managed to trip over, presumably the only dog in that spot. Does anyone know what kind of dog it was. I imagine if it was a large dog she should have seen it, and if it was small how the hell did dhe manage to trip over it? I can only assume she was extremely fat and had no view of her feet or anything in the vicinity, and/or very drunk.Cetainly in enclosed restaurants, pet dogs shjould not be allowed, but personally, I greatly miss the Schooner Wharf Bar dogs, and I sincerely hope that we are spared anymore visitors of this caliber, and that they figure out a way to allow their canine patrons back.

How About Dogs In Bars?

Didn't a dog bite someone at the Green Parrot one night? And I heard the same thing happened at the Schooner Wharf too.

Here's what I love: people stroll into a packed bar with their dog. Then the people get buzzed on alcohol and start playing with the dog while a band is cranking out some tunes. Sometime during a set of music, the dog starts barking loudly while the owner plays keep away with some toy. I've been in packed bars and seen this more than once. You can see band members and bar patrons boil.

And my all time favorite was when two dogs came in, one was a pitbull, the other a great dane, and as the dogs were sizing each other up as though they are about to fight, the owners cooed to their "babies" oblivious to the danger they were posing to all bar patrons. When I see big angry dogs in a bar, I simply walk out. I don't understand bar owners allowing the health and safety risks from agressive dogs and their stupid owners. Don't get me wrong. I love dogs. I own two. But I have never strolled them into a packed watering hole where loud music is being played. It's cruel to the animals. It's confusing and shrill to their ears.

There are well behaved dogs and not-so-well behaved dogs.

Obviously, this oaf of a woman tripped over a dog that was just laying there. She is responsible for her action, not the bar and not the dog. The sad thing is people never take responsibility for their own actions. This woman stupidly fell. It's also sad that owners do not take responsibility for their dogs, anymore than they take responsibility for their screaming, poorly behaved children. I'd like for children to be eliminated from bars but adults who do not have a clue as to what is appropriate for their kids and others, still keep dragging them in, thinking that we'll all find them adorable - and we do not in the least.

Then there was the bar manager at the White Tarpon who brought her schnauzer to work. That dog started fights with any other animal who came near. THAT DOG should've been removed. Thank goodness that woman doesn't work there any longer.

Please keep in mind that you

Please keep in mind that you must allow service dogs in your resturants.

Service Dogs

Yes, real service dogs are good. However there is a bogus movement going on to certify dogs so their owners can take them into the bars. Yorkie's and dashshunds are NOT service dogs. Lap dogs are Not service dogs. Real service dogs should be good to go. I have seen 3 in Key West in the last 15 years.

not only dogs

Any animal can be a service animal. a pig- a bird- any animal. YOU can not ask why the animal is a service animal- if you do- as an owner or a representative of the establishment- could be subject to a lawsuit for disabled discrimination.

Any breed of dog can be a service dog

The Americans with Disabilities Act allows an individual with a disability to accompany the individual into any business. According to the Justice Department: (http://www.ada.gov/qasrvc.htm) The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government. Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Guide dogs are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include: _ Alerting persons with hearing impairments to sounds. _ Pulling wheelchairs or carrying and picking up things for persons with mobility impairments. _ Assisting persons with mobility impairments with balance. A service animal is not a pet.

I am not saying that this is

I am not saying that this is the case, but it is true, dogs aren't just service dogs for blind or people that suffer from seizures. Dogs are also "licensed" as therapy dogs for those with mental illness. They offer comfort for some people with mental illness that have issues in public. I have worked in animal hospitals for over 10 years, and have seen many applications come through for people that need their dogs for therapeutic issues.

Small dogs are service dogs too

A friend of mine has a dachshund that detects when she is about to have a seizure. She is then able to take proper steps to prevent it from happening.

Dumb Suit

chances are the woman had a few. But just as our parents tried to teach us..always watch where your going! Even as we grow OLDER!!

A lady trips over a dog and

A lady trips over a dog and sues someone??? When will this end? Take some responsibility for yourself people!!!!

Falling over a dog

Gee thanks... Because you have a problem taking responsibility for you own actions we all have to change the way we do things. Enjoy your money, or better yet, give it to the dog. You may have broken his ribs or something.

Ironically, I googled her

Ironically, I googled her name and came up with someone that is a dog breeder...coincidence?!

I googled as well and only found someone with a similar name

as a breeder, but it seems she's in New Jersey. Probably not the same irresponsible woman.

I hope she's reading this and realizes how well her greed is accepted here.

Oh wow! I'm going to Google her too

She'll be eaten by her own one day, if she's a breeder and does this crap. Just another Gawd-Bless-American who can't be responsible for her own bad behavior. Sick of these people. She's the same as these parents who let their kids run amok and mug people at 2 AM, then go to court, wringing their hands, saying it's not their fault. It's ALL their fault. They are failures as parents and humans if they can't accept responsibility for their own personal shortcomings and mistakes.

She is irresponsible. Since she was at a bar, was she drunk?

It would be interesting to know this. I do know, though, that she was offered a settlement that was more than she received, but she turned it down. Go away, Lady. We don't need you here.

dog suit

The award should have been for 10 times that. I have owned dogs all my life. They belong at home, on your own property.

It's the law of Entitlement.

Dog owners live by the old Conch law of Entitlement. They're entitled to take their dogs into restaurants and bars just as they're allowed to let them roam on the beaches where it's illegal for health reasons. This just follows in line with their entitlement to break other laws, such as stealing money from school kids, with impunity. Dogs in restaurants violate health codes, with good reason. Animal hair and dander is easily swept through a restaurant (and onto your food) by AC systems or outdoor winds. And dogs' paws often carry residual fecal matter which can spread e coli bacteria in eating establishments. But what the hell, we allow thousands of filthy chickens to roam our streets (and some restaurants). Hey, we're entitled to it.

get a grip

dogs paws have the same amount of fecal matter as human shoes...and I have human beings that have much dirtier hair and dander than my dog. I don't take my dog to eating establishments but if you really want to be serious about healthy eating establishments talk about food prep, handling, storage, and cleaning practices..not poo on a dog's paws.

Geez, Mac. I'm surprised you ever leave your house!

You hate chickens, you hate dogs, you hate cruise ships...what don't you hate? And you can't go to the beach, to a bar or to a restaurant. Heaven forbid that you be forced to go near a tourist business. And as for fecal matter, just think about how disease is spread. No, not by animals but by HUMANS. Maybe you should seal your windows with duct tape!

Perhaps you should go back to wherever you came from, and live a pristine life there.

True. After we give up 1/3

True. After we give up 1/3 of Higgs Park for a Dog Park, people still walk their dogs OFF THE LEASH at White Street Pier! Keep your dog on a DG lease. If it comes within 4 feet of me I will shoot it. Lucky for me Florida allows concealed carrying.

wow

You really just posted that you will shoot a dog that walks too close to you?? How do you turn an article about a woman accidentally tripping over a dog into a public declaration that if a dog gets within 4 feet of you, you are going to shoot it!? Wow you have serious problems. Sounds like you need a leash.

Damn right I did. Keep you

Damn right I did. Keep you dog on a leash. If I feel threatened by your dog running towards me I will have no choice but to defend myself. The solution? Keep your dog on a leash!

i won't

I won't keep my dogs on a leash. They love to run free and they do not hurt anyone in the process of it. If you shoot them, we shall see who the community stands behind.

Mac is very scary. He draws scary people. Did you hear?

He's going to start a law suit so that the Navy takes back the Truman Annex waterfront property!

Way to go Mac! I will

Way to go Mac! I will donate money to that legal effort!

While I'd support it, I doubt he'll do anything. All talk and

no action. Let's see.

The way it is is that anyone

The way it is is that anyone that adopts the mantle of "local" or "conch", whether they have been here for two weeks or two generations, assumes the amoral attitude that they can and will do whatever they feel like doing whenever they feel like doing it and if you don't like it, get out.
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