Post by Brooke on Jan 21, 2004 19:11:12 GMT -5
Junk mail injured our dog, couple to tell court
John Ezard
Friday January 2, 2004
The Guardian
A couple are suing for compensation after their dog was injured trying to retrieve advertising leaflets from the letterbox of their home in Devon.
The case is being seen as a test of whether householders can win compensation for injury or loss caused by the 5.2bn items of junk mail sent each year.
Muffin, a dachshund, was partially paralysed when he jumped to retrieve the Safeway leaflets. Gordon and Susan Musselwhite are suing the supermarket chain for £2,800 in vets' bills and legal fees incurred after the accident.
Yesterday Mr Musselwhite, 62, a retired company director, said he found Muffin, now seven and a half years old, on the hall floor paralysed from the shoulders downwards.
There were teeth marks on the leaflets protruding through the letterbox of the house in Yealmpton, and Muffin later underwent surgery to have a disc removed, he said.
The Musselwhites' claim is to be heard by a judge at Plymouth small claims court.
Mrs Musselwhite, 61, said they would represent themselves at the hearing. They could not afford representation but would be glad to have their day in court. "We will lay it to rest one way or the other," she said. "It has aged us."
She added that they would be unscrewing and taking to court the postbox at the foot of their drive, to prove there was no need for leaflets to be delivered through the letterbox.
Safeway said in a statement: "Mr Musselwhite alleges that Safeway is responsible for injury caused to one of the family pets, named Muffin.
"We do not consider there to be any liability on the part of Safeway. The leaflet was delivered by the National Leaflet Co. Regardless, we feel what has happened to Muffin was merely an unfortunate incident for which no party can be held responsible."
Safeway added that Mr Musselwhite would need to prove that the dog was injured in the manner alleged. The company would be defending the action "strenuously".
John Ezard
Friday January 2, 2004
The Guardian
A couple are suing for compensation after their dog was injured trying to retrieve advertising leaflets from the letterbox of their home in Devon.
The case is being seen as a test of whether householders can win compensation for injury or loss caused by the 5.2bn items of junk mail sent each year.
Muffin, a dachshund, was partially paralysed when he jumped to retrieve the Safeway leaflets. Gordon and Susan Musselwhite are suing the supermarket chain for £2,800 in vets' bills and legal fees incurred after the accident.
Yesterday Mr Musselwhite, 62, a retired company director, said he found Muffin, now seven and a half years old, on the hall floor paralysed from the shoulders downwards.
There were teeth marks on the leaflets protruding through the letterbox of the house in Yealmpton, and Muffin later underwent surgery to have a disc removed, he said.
The Musselwhites' claim is to be heard by a judge at Plymouth small claims court.
Mrs Musselwhite, 61, said they would represent themselves at the hearing. They could not afford representation but would be glad to have their day in court. "We will lay it to rest one way or the other," she said. "It has aged us."
She added that they would be unscrewing and taking to court the postbox at the foot of their drive, to prove there was no need for leaflets to be delivered through the letterbox.
Safeway said in a statement: "Mr Musselwhite alleges that Safeway is responsible for injury caused to one of the family pets, named Muffin.
"We do not consider there to be any liability on the part of Safeway. The leaflet was delivered by the National Leaflet Co. Regardless, we feel what has happened to Muffin was merely an unfortunate incident for which no party can be held responsible."
Safeway added that Mr Musselwhite would need to prove that the dog was injured in the manner alleged. The company would be defending the action "strenuously".