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Beware - Foolish Confidence Results In A Near "punch" Fatality


2601angela

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Marsha- By all means- no I am not fuming - your comments are sound and very welcome(it is those that are totally crazy that refuse to listen to alternative viewpoints) and I sincerely appreciate your comments.

The only thing that has been driving me further was his admission that he does this with other peoples animals- makes quiite good money at it- had simply had never been caught. This may make me sound a little off; but to allow him to continue hurting other animals in this fashion - without in some way showing him that this is not acceptable- would be wrong of me.

In terms of his job; I would have thought that he would have been aware of this retribution if he did not hold up to his obligations- in some minimal fashion. It was not a lot of work - very little for the amount he was being paid. He took it on himself that I would not travel all the way back and discover this. In fact - he would have somply told me that the fish died the last day, anbd for all that I would have known - that would have been true and would have paid him for what he supposedly did. He took the action like any criminal robbing a store- worrying about his future employment was his responsibility- his actions were his own.

By the way- some great news- although we are still curing the ick and some Dropsey, etc- what I call Latent Hyperstress syndrome- after affects of stress- he - for the first time since the incident - was this morning- fighting with - what I call- "his alter ego and saving the world"..............ANOTHERWARDS- he was fighting with his morning reflection as he used to do in the morning - which - as crazy as it sounds - is a great sign. and he is taking his "snoozes" in the very middle of the tank suspended motiuonless as he used to. And he is starting to rool the snails around like rolling tires- away from his food again. I believe the old Punch is coming back- WOW - and it is a good feeling.

I suggested to Steve that we get him a female mate- but that did not go over so well. I thought that might perk him up a little- AAAAHHHH//.... little Punches swimming around ... lol

Eric

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I would say 'forgive and forget'. But we all learnt a lesson. It's true that he was extremely careless, but just leave the guy alone. After all none of us are perfect, he made a mistake and it's upto him to correct himself. But if you do something to ruin his reputation, he may never get a chance of getting a proper job...etc. You already have proved that you are a good human being so just forgive him...(I hope all of you are not fuming with anger now :D Well, this is just my opinion)

Im not fuming with anger lol but I dont think I could have that attitude if someone did that to my pet, least of all if I had been paying for them to care for them.

Correct me if im wrong but he was more than careless was he not, did eric not say that he has video of the guy actually cutting or doing something to his tail?

I think if you conduct yourself like that you deserve to lose your reputation as a carer of animals, especially for the sake of anybody elses pet(s) that have been entrusted to him.

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Three are judges and there are judges. In the Chicago area I can usually guess EXACTLY what will happen depending on which judge is received. I work with strays and other animals and have had many opportunities to prosecute animal cruelty. We have one judge that will convict ANYTIME there is any evidence of animal cruelty - be it fish or fowl, canine or feline. But there is no pain or suffering award involved.

Others will dismiss or slap the evil doer on the wrist with the minumum required by law. I always seek the "good judge" whenever possible to preside over cases.

In this case, the fellow did not do what he was contracted to do. Therefore any monies paid for services would have to be returned. (they were). He caused harm - harm that required medical treatments. Whether or not the judge would award for the medical intervention is questionable -for the "value" of the fish is questionable by many. The best you might hope for would be the cost of the meds you purchased to treat Punch, if you had reciepts and could prove that they were what was needed for his injuries and problems directly caused by the poor treatment and not something that "regularly" happens with fish. (That is a common loophole used - injuries "regularly happen" and meds are all part of the package one must expect when treating strays)

Once again - pain and suffering would not enter the picture. The most you could hope for is to be reinbursed for the cost of another fish - a minimal cost. This would class as a misdemenor - and not pass go for any law suit, per se.

The plane tickets home would be as stated - you would have had to come home anyway - so it is your expense. If the man had broken an expensive tank or equipment, you would have a better case.

As is stands, unless you can pull a judge that is an animal friend, you are SOL. The best you can do is make sure that others know what this fellow has done and will do - in an attempt to limit his access to powerless animals left in his care. Unfortunately, there is not much you can do that will prevent that for long. He can simply do it somewhere else.

:cry1

Poor Punch.

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Daryl- appreciate you r copmments- one grey area - however is that - in front of witnesses - as I have alreadyu notarized statements- he was aware that my leaving was premised on confirming someone would be looking out for the condo as well as the fish.

This was clear in that, circumstantial as it may be, I did not purchase my ticket untill 3 days before departure. Obviously they were more expensive. Nor would I have chanmged my ticket for an earlier ticket home and left on christmas eve. That added 300 dollars to the ticket cost.

Thru those that heard our discussion- my departure was based on his coverage of the situation - or someones- and a clear understanding that - included as part of the agreement - was the once daily communication because I share the condo with another person . Those were his requirements to satisfy his concern over the condo and what was within.

Needless to say on the 27th floor with a 55 or so gallon tank requires a measure of caution and due dilligance- There was/is a clear fudiciary responsibility built in to assure that no one would have consequences opf damage or otherwise as a result of my fishtank. My responsibility was to assure any accident would be confronted early and handled- especially in that the law in Illinois has taken away the rights of the management and board to require copies of keys be left with the building- and no one is allowed to enter unless considered a high emergency- without the expressed written permission of the owner or legal rep.

So - the question is how clear was it understood that my travels were, in essance, part of the contractural arrangement between both of us and stated in the presence of two witnesses. If he had declined at the last moment I would have used Old Town Aquarium. He was aware of this option.

I contend that he is as responsible for my purchase of the ticket- even when my caution held me from aquiring the ticket until 3 days prior to departure; as a result of false pretense , false representation, breech of contract - and his breech of our contract caused me to make plans that I would have otherwise never thought of. This flight was a fallout of his attempt to defraud us; as is the materials costs - his responsibility- to cure Punch thru medication a direct result of his scam - so to is my unplanned changes and erarly return. I do believe that this was pre planned; malicious intent and made fraudulant statements to make me believe he would uphold his obligations to the contract on his part; where he had no intentions in honoring his contractural obligations to us.

Anyway- Time shall tell. Hopefully the Judge will look at this as a contract agreement concerning the upkeep of an animal- in fact a contractural agreement- what it covered - so long as it was legal intentions to fulfill certain obligations- should otherwise not even consider what type of animal it was.

I have no doubt that he had criminal intent to accept the money I paid him for doing what he planned- that was nothing ....

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I certainly seems as if you have covered all bases where your case is concerned. Good going!!!! I am impressed. I hope that you get a judge that will listen. That would be the BEST. The fact that the safety of the condo and other condos was also on the line is a BIG deal. That introduces far more financial "danger" and responsibility.

You also are intelligent and express yourself well -something that commonly will go far in a courtroom. I hope that this fellow is as lax in his communication skills as he is in fulfilling his contractural obligations.

Best of luck. I hope it goes your way. I know you would like some monies back for the out-of-pocket expenses incurred for the incident, but most of all, I hope this will prevent this fellow from ever doing to another living creature what he did to Punch. That is pure evil in my book and should never be tolerated. That is the main reason I fight so many hours for the strays of the Chicago suburbs. I took numerous law courses for work - but have used the knowledge more for the strays than I have for the patents!

Keep us informed as to how it goes. I would be interested in knowing the judge's name when your case finally comes up. I like to know who and what I may be up against in the future.

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omg! This was like reading a mystery thriller! My mouth was agape the whole story through. I'm not going to even bother adding my two cents worth of my opinion of this guy other than to say, sadly, that there is virtually no trustworthy person out there. It's amazing that you chose to leave and go back home. The big goldfish in the sky was guiding you!

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omg! This was like reading a mystery thriller! My mouth was agape the whole story through. I'm not going to even bother adding my two cents worth of my opinion of this guy other than to say, sadly, that there is virtually no trustworthy person out there. It's amazing that you chose to leave and go back home. The big goldfish in the sky was guiding you!

face4.png

You mean Bruce?

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You mean Bruce?

:rofl

QUOTE(lynda441 @ Jan 15 2007, 08:39 PM) *

omg! This was like reading a mystery thriller! My mouth was agape the whole story through. I'm not going to even bother adding my two cents worth of my opinion of this guy other than to say, sadly, that there is virtually no trustworthy person out there. It's amazing that you chose to leave and go back home. The big goldfish in the sky was guiding you!

I agree, it's amazing! Not so many people would done that. Also, I really can't believe that someone so cruel like that petsitter actually works with animals. And even if he is irresponssible, but cutting fish tail!?

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There are some really sick people in the world.

I don't understand why someone would CHOOSE to work in a field with things they hate.

I'm going to be a teacher and honsetly I feel like I see many teachers that really really don't like kids and who knows why they get into it but it seems really twisted. Like "I hate you, so I"m going to put myself in authority over you, so I can be cruel." It seems like that's exactly what home dude is doing by working with animals.

Why??

people=weird.

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