Part SIX - Justice for Diva - "REPREHENSIBLE!"
I had trouble getting the photographs of this incident entered into evidence because the information was considered hear-say because I did not subpoena "Nancy." In civil trials you cannot testify to what a third party informs you - as damning as it may be - unless that person who "told you" presents themselves to be cross examined by the other parties attorney. Love the justice system.
Although the actions of the defendant were reprehensible, I felt I had enough nails in the coffin to win my case and didn't want to drag poor Nancy to relive her traumatic event.
When I posted the webpage Justice for Diva in November of 2016, I was contacted by one particular Golden Retriever breeder who asked if I knew Diva was involved in an RV accident at a Colorado dog shows in late 2015.
This breeder who was at the Colorado shows knew Diva was in the possession of the defendant and knew I was asking over social media - "Where is Diva?"
This breeder questioned if something happened to Diva as a result of this RV accident that the defendant wasn't being forthcoming with and that in part was the defendants bizarre reasoning to keep my dog, Diva.
The defendant spear chucked her awning into another parked RV.
What is reprehensible is that the defendant KNEW she spear chucked her awning into this exhibitors RV - BUT....DROVE OFF - which is legally a HIT AND RUN.
I called my friend and told her what I was informed. My sleuth friend remembered someone who turned out to be Nancy had posted on a facebook RV and Dog Show RV group that a fellow exhibitor had left the fairgrounds with the awning of her RV extended, rammed it into her RV and LEFT...
My friend scowered that facebook group until she found that post and sent it to me.
I contacted Nancy...
Nancy told me about the incident saying she was fortunately at ringside showing her dogs otherwise felt the dogs and herself or others could have been killed.
Nancy told me the date of the incident which I confirmed was the same shows I attended with Twister. Defendant had shown Angel and Diva at those shows. I left the fairgrounds before defendant and knewnothing about the incident.
Defendant a week after the incident informed me Diva had an eye infection and wanted me to call in my credit card to an ophthalmologist so Diva would be examined. I complied.
I went back into my records and pulled the credit card transaction for that eye examination. I called the veterinary clinic and asked for an email copy of the results of that examination.
I was told by defendant that Diva had a simple "eye infection" and the veterinarian gave her eye drops. "No big deal," said the defendant.
What I was received from the veterinary clinic WAS a big deal. Defendant told the veterinary clinic that Diva sustained a head injury in an RV accident.
Diva's diagnosis - HORNER'S SYNDROME.
The veterinary clinic informed me despite their request to present Diva for a recheck two weeks after the initial examination - defendant failed to show up with Diva.
Nancy told me the damage to her RV was in the excess of $9000.00.
Nancy told me she reported the HIT AND RUN incident to the Colorado police department - who did nothing but gave Nancy a report number for insurance purposes.
Nancy told me she reported the HIT AND RUN incident to the AKC representative at the show who did nothing because defendant left the fairgrounds and fled the State heading back to Missouri.
Nancy was provided information that "additional parts of defendants RV was scattered on the side of the road" indicating defendant at some point pulled over to remove the remaining parts of the awningas she continued her trip back to Missouri.
AKC did nothing.
Nancy was horrified with the thought that another exhibitor, a presumed animal lover would just drive off not knowing or obviously not caring if seriously injured people or animals were laying in the wake of this horrific incident.
What is reprehensible is that witnesses at the fairgrounds told Nancy they saw the incident, thought the RV driver after spear chucking her awning into her RV would pull over but to the dismay and shock didn't and just drove off.
Nancy stopped showing dogs as a result of this HIT AND RUN incident because it was so traumatic.
Defendant was asked about this incident in her deposition and said "IT WASN'T AN ACCIDENT" but when questioned more by my attorney had no other explanation as to what it was.
I know the defendant had other dogs besides Diva on her RV when the HIT AND RUN incident occurred. What happened to those other dogs?
Does Diva have permanent damage beyond the diagnosed HORNER'S SYNDROME that I am not aware of?
As a result of a head injury, does Diva have seizures? Did Diva die?
I am still waiting for the AKC DNA results from the swab I took during the Missouri inspection of the dog that has a microchip defendant installed and presumably claims is Diva.
Will the DNA match the sire and dam of the Diva I bred?
Reprehensible if you ask me...
I had trouble getting the photographs of this incident entered into evidence because the information was considered hear-say because I did not subpoena "Nancy." In civil trials you cannot testify to what a third party informs you - as damning as it may be - unless that person who "told you" presents themselves to be cross examined by the other parties attorney. Love the justice system.
Although the actions of the defendant were reprehensible, I felt I had enough nails in the coffin to win my case and didn't want to drag poor Nancy to relive her traumatic event.
When I posted the webpage Justice for Diva in November of 2016, I was contacted by one particular Golden Retriever breeder who asked if I knew Diva was involved in an RV accident at a Colorado dog shows in late 2015.
This breeder who was at the Colorado shows knew Diva was in the possession of the defendant and knew I was asking over social media - "Where is Diva?"
This breeder questioned if something happened to Diva as a result of this RV accident that the defendant wasn't being forthcoming with and that in part was the defendants bizarre reasoning to keep my dog, Diva.
The defendant spear chucked her awning into another parked RV.
What is reprehensible is that the defendant KNEW she spear chucked her awning into this exhibitors RV - BUT....DROVE OFF - which is legally a HIT AND RUN.
I called my friend and told her what I was informed. My sleuth friend remembered someone who turned out to be Nancy had posted on a facebook RV and Dog Show RV group that a fellow exhibitor had left the fairgrounds with the awning of her RV extended, rammed it into her RV and LEFT...
My friend scowered that facebook group until she found that post and sent it to me.
I contacted Nancy...
Nancy told me about the incident saying she was fortunately at ringside showing her dogs otherwise felt the dogs and herself or others could have been killed.
Nancy told me the date of the incident which I confirmed was the same shows I attended with Twister. Defendant had shown Angel and Diva at those shows. I left the fairgrounds before defendant and knewnothing about the incident.
Defendant a week after the incident informed me Diva had an eye infection and wanted me to call in my credit card to an ophthalmologist so Diva would be examined. I complied.
I went back into my records and pulled the credit card transaction for that eye examination. I called the veterinary clinic and asked for an email copy of the results of that examination.
I was told by defendant that Diva had a simple "eye infection" and the veterinarian gave her eye drops. "No big deal," said the defendant.
What I was received from the veterinary clinic WAS a big deal. Defendant told the veterinary clinic that Diva sustained a head injury in an RV accident.
Diva's diagnosis - HORNER'S SYNDROME.
The veterinary clinic informed me despite their request to present Diva for a recheck two weeks after the initial examination - defendant failed to show up with Diva.
Nancy told me the damage to her RV was in the excess of $9000.00.
Nancy told me she reported the HIT AND RUN incident to the Colorado police department - who did nothing but gave Nancy a report number for insurance purposes.
Nancy told me she reported the HIT AND RUN incident to the AKC representative at the show who did nothing because defendant left the fairgrounds and fled the State heading back to Missouri.
Nancy was provided information that "additional parts of defendants RV was scattered on the side of the road" indicating defendant at some point pulled over to remove the remaining parts of the awningas she continued her trip back to Missouri.
AKC did nothing.
Nancy was horrified with the thought that another exhibitor, a presumed animal lover would just drive off not knowing or obviously not caring if seriously injured people or animals were laying in the wake of this horrific incident.
What is reprehensible is that witnesses at the fairgrounds told Nancy they saw the incident, thought the RV driver after spear chucking her awning into her RV would pull over but to the dismay and shock didn't and just drove off.
Nancy stopped showing dogs as a result of this HIT AND RUN incident because it was so traumatic.
Defendant was asked about this incident in her deposition and said "IT WASN'T AN ACCIDENT" but when questioned more by my attorney had no other explanation as to what it was.
I know the defendant had other dogs besides Diva on her RV when the HIT AND RUN incident occurred. What happened to those other dogs?
Does Diva have permanent damage beyond the diagnosed HORNER'S SYNDROME that I am not aware of?
As a result of a head injury, does Diva have seizures? Did Diva die?
I am still waiting for the AKC DNA results from the swab I took during the Missouri inspection of the dog that has a microchip defendant installed and presumably claims is Diva.
Will the DNA match the sire and dam of the Diva I bred?
Reprehensible if you ask me...
Court Documents
(Click documents/images for full view)
Hertzog Response |
Veterinary Report |
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