Defendant Matthew Schneider was found 100 percent at fault for the "negligent acts of his dog" in the killing of goats belonging to Michael Baxter, at Baxter's Vail Avenue farm. The attacks occurred in March 2014.
The verdict was handed down Jan. 14.
The jury awarded Baxter $10,974.79 in damages. The damages included: $9,905 for replacement of the goat herd, $414 for vaccination and tagging, $105 necropsy examination, and $250 for burial expenses.
Eighteen goats belonging to Baxter were killed on March 23, 2014. Then on March 27, 2014, another 22 goats were slain. Baxter allegedly shot at a dog trying to scare his goats but the dog ran away.
Schneider's attorney Craig Levien, of Davenport, said his client is considering appealing the jury verdict.
"The jury awarded less than half of the damages Mr. Baxter sought," Levien said. "We respect the jury verdict but we believe that there was insufficient proof that it was my client's dog."
Baxter filed a civil claim against Schneider on June 25, 2014, seeking damages, punitive damages and injunctive relief. Schneider lives about a mile south of Baxter.
Baxter is responsible for his legal fees in the matter.
"The jury did decide that the dog killed the goats," he said.
He is raising goats again.
"I don't know how much longer I am going to be able to do it though. This legal thing has been real expensive. I thought I was covered but I was not covered. I did not know I had no insurance on the goats," Baxter said.
"They didn't award half of what my loss was. That (the award) paid for the goats that got killed but that didn't pay for all the extra work we had to go through to replace.
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Mike Baxter’s pasture is scattered with dead goats waiting to be buried. Many of them were still nursing before they died. Some were pregnant. The goats — nearly 40 of them — were killed during a pair of attacks last week by two dogs.
Baxter's left with only five goats, frustration and an uncertain future.
Now, he wants someone to take responsibility. But that's easier said than done. Baxter said he's lost about $15,000 worth of livestock, and it will cost him another $250 to pay for the second round of burials.
“In order to keep a goat alive, you’ve got to rotate them on pastures every three weeks. Otherwise, you’ve got dead goats. So I can’t just go take the goats and stick them in the shed,” Baxter explained. “This is getting expensive and they’re telling me they can’t do anything. I can’t buy new goats because I don’t have the money and it’d be stupid to bring new goats out here if they’re going to end up like that.”
These types of comments are worrisome. This goat breeder/farmer talks of the financial loss, but I heard NOTHING about the goat breeder/farmer talking about the horrific deaths the goats suffered - to be chased, mauled, mutilated, eaten while alive, killed... a horrific death regardless of whether you're a human being or animal.
(Muscatine Journal - Jan 19, 2016)
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