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Filling the Empty Chair with a Friend By C. Steven Fury Frivolous claims are very much in the news lately, with bills proposed in congress to address a supposed problem. Because of the rhetoric advocating for these bill and others, most of the public equates frivolous claims with frivolous lawsuits. But some of the most breathtakingly baseless claims are those made by a defendant alleging fault on a non-party. Three years ago, Ed Dawson circulated a memo concerning the black dog defense. ATTORNEY NOTES To: Ed From: Ed Date: December 15, 2005 1 Re: The Black Dog Defense The Case: Youngster bitten by dog while walking on the sidewalk in front of the defendant's house. The Defense: I don't have a dog. Even if I have a dog, it is not black. Even if I have a black dog he wasn't there that day. Even if I have a black dog, who was there that day and was in the front yard, he was fenced in. Even if I have a black dog, who was there that day and was in the front yard and he wasn't fenced in, he was tied to a chain. Even if I have a black dog, who was there that day and was in the front yard and he wasn't fenced in, and he wasn't tied to a chain, he didn't go out onto the sidewalk. Even if I have a black dog, who was there that day and was in the front yard and he wasn't fenced in, and he wasn't tied to a chain, and he did go out onto the sidewalk, the youngster must have provoked him. Even if I have a black dog, who was there that day, and was in the front yard, and he wasn't fenced in, and he wasn't tied to a chain, and he did go out onto the sidewalk, and even if the youngster didn't provoked him, my dog would never bite a youngster. Even if I have a black dog, who was there that day, and was in the front yard, and he wasn't fenced in, and he wasn't tied to a chain, and he did go out onto the sidewalk, and even if the youngster didn't provoked him, and even if my dog did bite the youngster, she will get over it soon. Even if I have a black dog, who was there that day, and was in the front yard, and he wasn't fenced in, and he wasn't tied to a chain, and he did go out onto the sidewalk, and even if the youngster didn't provoked him, and even if my dog did bite the youngster, and even if she won't get over it soon, her problems are not related to the dog bite |
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