Appeals Court Upholds While It Scales Back Damages in Case of Pooch Hit with Baseball Bat
|Not Romeo but a model|
This is one of those disputes from Orange County suburbia that provides the chatter for family evenings around the imitation fire log. It actually dates back to 2003, when David and Joyce Plotnik moved in next door to the Miehaus house.
Toss on another Duraflame.
The Plotniks kicked things off by building a 6-foot fence between the properties' common boundary. Miehaus sued, and the Plotniks settled in 2007 by moving the fence back three feet. The pact included provisions dictating all disputes were settled, they would mutual restrain themselves and neither family would slander the other.
Good times were not then had by all, as the Plotniks claimed they started finding trash and yard clippings dumped on their side of the fence, sustaining flips of the bird when Meihaus was out jogging and, in the case of Joyce Plotnik, Meihaus staring her down for 20 minutes at the community pool.
Much of the rancor surrounded 15-pound, 12-inch-tall flea collector Romeo, with even Meihaus admitting he once warned the Plotniks to not "let your dog piss on other people's lawns."
Which leads us to a day in 2009 when David Plotnik went outside with a camera to photograph the latest Meihaus contribution to the back lawn. As he opened a rear gate, Romeo darted out and into the Meihaus yard. Plotnik heard a bark and then squeal and then saw his canine roll "down the slope through the open gate and hit a tree."
Plotnik walked through the gate to see Meihaus, holding a bat. Meihaus responded that Romeo growled and barked at him but denied hitting the dog, saying he only used the bat to "guide" the pooch back to the Plotnik yard. He advised his neighbor to "be more courteous and get your dogs to stop barking."
Later that same day, the sons of Plotnik's neighbors, Greg and John Meihaus III, called Plotnik "fatty" and "punk ass bitch," threatened to "kick [his] ass" and "kill" him and also wondered aloud, "Why don't you suck my dick?" Admitting they said those things, the Meihaus sons claimed Plotnik also insulted them.