Full Case Name:  Jason Baker v. Helen Kuchler (Middleton)

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Country of Origin:  United States Court Name:  Superior Court No.5 of Hamilton County Primary Citation:  No. 29D05-0605-SC-1055 (Ind. Super. Ct. Mar. 2, 2007) Date of Decision:  Friday, March 2, 2007 Judge Name:  Wayne A. Sturtevant Jurisdiction Level:  Indiana Alternate Citation:  unpublished opinion Attorneys:  Not indicated Docket Num:  No. 29D05-0605-SC-1055
Summary: In Baker , the defendant fed and watered four cats that lived in the neighborhood. These cats damaged the plaintiff’s home, destroying insulation, a vapor barrier, and duct work. The cats also urinated and defecated in the crawl space of the home. In the Superior Court, the plaintiff argued that a town ordinance and a county ordinance independently imposed a duty on the defendant to control the cats and prevent them from damaging the plaintiff's property. The court found, however, that since the defendant was participating in a Trap Neuter and Release program, the county ordinance could not serve as a basis for finding that the defendant was negligent in caring for the feral cats. The court went on to reject two alternative theories of negligence also proffered by the plaintiff. The plaintiff had therfore failed to establish that the defendant was negligent in her actions and judgment was entered in favor of the defendant.
Documents:  Baker_v._Middleton__Indiana.pdf
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