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Judge awards crash victim half a million dollar settlement

Posted by
Walter Geiger
in News
Thursday, August 30. 2012
Comments (22)
By Walter Geiger

A Forsyth couple was awarded a settlement of $504,656 in damages, court costs and fees August 23 in Lamar superior court as a result of a motorcycle crash caused by the defendant’s dog.

Laurie Lynn Tallaksen and Jeffrey A. Tallaksen were westbound on Hwy. 36 on motorcycles when a brown dog belonging to Ricky Viars of 1908 Hwy. 36 came out of Viars’ driveway and collided with Mrs. Tallaksen’s bike.

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#1 Cats on 08/30/12 at 07:10 PM
Interestingly enough, her Facebook page shows the young lady barrel racing & partying. Glad she's fully recovered......
#2 It's Me on 08/31/12 at 05:41 AM
I suppose they would of sued a deer or opossum as well?
#3 George Riber on 08/31/12 at 08:06 AM
Deer and possums are wild. Law and Common sense tells you that owners of dogs should have control of them, leash, fence, etc. It's pretty shallow to think that this young woman should not receive a settlement for pain and medical bills because of a dog owners lack of responsibility.
#3.1 Tom Rauch on 09/01/12 at 09:15 PM
I agree. If someone owns or takes care of an animal, they need to keep it home.

The law clearly states the owner or person caring for an animal is responsible for any actions caused by the animal off the owner's property.

Seems to me the judge was just following the law as it is written.
#4 common sense on 09/02/12 at 06:28 AM
Lamar county does not have a leash law.
#4.1 Will Bereveeld on 09/03/12 at 04:21 AM
You better go read 2-4-63 through 2-4-69 before you speak again.
#5 George Riber on 09/02/12 at 07:43 PM
mr. "common sense", in the early 80's Georgia passed a law to have control of your dog, once it leaves your property, and is on any public road, then you are in violation. it boils down to RESPECT.
would you want a dog attacking your grandmother walking down the street, or your child ? i didn't think so.
#6 common sense on 09/04/12 at 08:34 AM
We are talking local county ordinances. You must be from the city. Here in the county if an animal crosses over into your property you have every right to shoot it. What about rabies tags? When is the last time you saw a rabies tag on a dog? 2 years ago?
#6.1 Will Bereveeld on 09/04/12 at 08:41 PM
You are repeating what county officials or employees think the rules say. Lamar County has both rabies codes and animal control codes, and they are county codes.

Lamar county has been violating State rabies laws for a long time. They release dogs to owners without valid rabies tags, and they do not enforce rabies tags on dog calls. State law mandates all counties have someone who enforces rabies vaccination laws.

I always wondered what would happen if a county employee released an infected dog back to an owner without a vaccination tag, and the dog bit someone. Maybe we could make a new fire tax, so we could pay the victim for the untrained county employee's screw-up? Would it be the victim's tough luck a county employee was improperly trained?
#7 Annette Glenn on 09/04/12 at 05:53 PM
My dog has a rabies tag, as does every dog I know, but I agree that dogs need to stay on their own property. If you have access to woods and fields, running loose is wonderful for your pets; otherwise a doggie doesn't know that the road is a dangerous place.
#7.1 George Riber on 09/04/12 at 07:46 PM
I agree with you Annette. It is not the poor dogs that are the problem. It is the owners that are not responsible. People can't even walk or ride a bicycle without fear of getting attacked by so many stray dogs.
#8 Denise Therriault on 09/05/12 at 07:35 PM
All this about the leash laws. The statement the Judge made, "Good luck in collecting it,” was totally unprofessional. The court should make arrangements for payments to be made.
#9 john doe on 09/06/12 at 07:38 AM
What's unprofessional about it? The judge was right. The man doesn't have a pot to pee in. That is probably why the settlement was so high. Maybe the sue happy people can take his trailer and move it to Forsyth and they can use it for their love shack. The husband needs to be thankful she is still around for her wifely duties. If a deer had hit that crotch rocket she was riding on, her husband would have probably ridden up and found her doa and would have no one to sue.
#10 Tom Rauch on 09/06/12 at 09:12 AM
I don't care that much about it, but we should all care the county does not enforce county and state rabies laws and county animal restraint laws.

No one should have to shoot a dog, or be told by county officials to shoot a neighbor's dog. No one should have to worry about riding a bike because of roaming dogs. None of us should be regularly exposed to non-vaccinated dogs.
#11 john doe on 09/06/12 at 11:11 AM
When is the last time you looked at the population in the county? The economy isn't that good right now. Maybe you would be willing to pay the salary of 2 more animal control officers for the county. One animal control officer can't do it.
#11.1 Tom Rauch on 09/06/12 at 02:54 PM
The state is ahead of you. The state gives each county authority to charge a license fee as a means to offset cost for the mandatory enforcement of yearly rabies vaccinations.

Further, enforcement would not require an additional officer. The existing animal control officer, and the "shelter", only need to look for and ask for a tag every time they have contact with an animal. Without a tag, the owner gets a ticket. The ticket pays the cost of the problem an owner creates, the tag (the vet supplies) and the license fee covers the administration.

State law says the county must enforce rabies laws, and provides a way to pay for the small additional cost. It doesn't say "if you feel like it". The shelter and animal control should not be releasing animals without proof of vaccination.
#12 George Riber on 09/06/12 at 03:45 PM
John Doe, give me a break, are you for real ? Obviously if your on a motorcycle and you hit a deer, or a stray dog, it's unfortunate, and out of your control. But for people to let their own dogs run around freely, that is wrong. If a dog bites someone, or causes an accident, they, or their insurance company should be held responsible for their own negligence. And there is no need for more than one animal control officer, police should be utilized. All dogs should be licensed, and have current rabies papers, if not they should be cited, the same holds true for dogs that are freely running around, and there are many, Is the Animal Control officer blind ? When people come to pick up their dogs, fine them, the will keep them tied up real fast. Any questions ?
#12.1 Tom Rauch on 09/06/12 at 06:03 PM
George,

I had a problem here with a neighbor with about a dozen dogs. None had shots, and he let some run loose. My dogs had shots and we had ticks under control, and his dogs (besides noise and a stinking diarrhea filled pen) would drop bloated ticks (which are ready to produce offspring) here. They even got in fights with my dogs.

Animal control just kept giving him the dogs back, and they even tried to say he gave the dogs rabies vaccinations himself. Of course that couldn't possibly be true, because he certainly wasn't a vet.

Finally after the county suggested to him he shoot my dogs, and suggested to me I shoot his dogs, he got rid of the dogs. Two or three of the dogs down on the corner were dumped in Milner or around that area, and eventually made it to the shelter. A lady who felt sorry for them picked them up, and her husband moved his bee hives next to them (while a Sheriff's deputy watched) and in less than 30 hours the bees stung the dogs to death.

Because the dogs, being abandoned and rescued mutts, had no real monetary value. Nothing was done.

This is how we treat dogs around here at all levels. What a terrible way we treat animals in this community.

Tom
#13 john doe on 09/06/12 at 04:16 PM
I don't know how long you have lived here but you are in Lamar County that is mainly country. I have a neighbor that lets his two dogs run in the morning around 5:30 to around 7:30 in the morning. They have tags and are fixed. None of us neighbors have problems with it. There isn't many roads you travel around here that you don't see dogs laying around at the end of a driveway or in a yard. The main problem I see is strays being dumped and dogs not being fixed. And too many cats everywhere. Since you know all the answers maybe you should be a dog catcher or a county commissioner. It's one thing to run your mouth about what should be done and another to be in the shoes of the people that run this county. And there should be caps on law suits. Your insurance and mine go up everyday because of sue happy people. I agree with claims for injuries, loss of days at work, medical bills or paying the deductible if they are insured. The only thing that will happen in this case is to most likely file a lein on his property. 1/2 a million? Are you for real? For a dog running across a road into the path of someone laying on top of a highspeed motocycle. Good thing it wasn't a child running after a ball. Accidents do happen. Obviously if you are in a motor vehicle and you hit a stray dog, cat, deer, turkey, etc. it is out of your control to sue somebody. Take that to the bank.
#14 George Riber on 09/07/12 at 08:15 AM
What does it matter how long I've live here, it doesn't matter if you lived here 45 years, or if I lived here 4 years. I pay taxes, and just because you live here 45 years doesn't mean you get to make the rules. I asked a cop about stray or vicious dogs, his reply was to shoot them. How middle ages is that ? Do people want dogs getting shot, and stray bullets flying every where ? I have no problem with running dogs, as long as the owner has them in a fence....key word, BUY A FENCE. I don't like sue happy people either, but how much do you think your insurance will go up if a dog bites someone, or causes an accident ??? NO BRAINER. No where did it say that woman was speeding on her motorcycle, whena loose dog caused her injuries, do you have any idea how much medical treatment costs ? Obviously not. I don't care if a person lives in a trailer, or a mansion, the rules should apply the same for everyone. As far as running for office, I never said I wanted to run for anything, this is an open forum to state your opinion. I have been to many rural areas that have leash laws, and control their dogs, with little or no budgets, how hard is it to write a citation. Dude, I know you have more common sense than that, don't make all of us rural people look so uneducated.
#15 john doe on 09/07/12 at 02:37 PM
I will never purchase a fence. It's not the law. A friend of mine lives on hwy. 36 and was out in his yard and saw her or him fly by. Later another motorcycle came by that was a harley davidson. It doesnt matter now because it is over with. Let God be their judge. I do know how much medical treatments are. That's why you have insurance. The best defense is offense. You proved that in your last blog. On to the weekend. I am out of here.
#16 George Riber on 09/07/12 at 05:09 PM
Gotta love a Bubba that believes in "Hearsay".
Later another came by on a Harley Davidson.....What are you talking about?
Crack and Meth kills.
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