Comments on: Et tu, Brute? Phoenix Police Officer Accused of Preventing Rescue of Cat for Nine Days http://jonathanturley.org/2008/12/31/et-tu-brute-phoenix-police-officer-accused-of-preventing-rescue-of-cat-for-nine-days/ Res ipsa loquitur ("The thing itself speaks") Tue, 14 Feb 2012 07:32:23 +0000 hourly 1 http://wordpress.com/ By: Rebecca http://jonathanturley.org/2008/12/31/et-tu-brute-phoenix-police-officer-accused-of-preventing-rescue-of-cat-for-nine-days/#comment-72827 Mon, 10 Aug 2009 07:15:25 +0000 http://jonathanturley.org/?p=6725#comment-72827 Rebecca…

once again i outdid myself…

]]> By: Niko http://jonathanturley.org/2008/12/31/et-tu-brute-phoenix-police-officer-accused-of-preventing-rescue-of-cat-for-nine-days/#comment-72819 Mon, 10 Aug 2009 06:25:09 +0000 http://jonathanturley.org/?p=6725#comment-72819 Niko…

an interesting take on a fun subject….

]]> By: mespo727272 http://jonathanturley.org/2008/12/31/et-tu-brute-phoenix-police-officer-accused-of-preventing-rescue-of-cat-for-nine-days/#comment-32909 Fri, 02 Jan 2009 07:04:53 +0000 http://jonathanturley.org/?p=6725#comment-32909 Dear Facist Nation:
A few comments to your “rules”:

1.Cats do indeed get stuck in trees just like humans when they are too fearful to come down. In addition, if they are kittens or partially declawed they cannot physically come down according to my local SPCA.

2. According to the 4th Edition of the Arizona Civil Jury Instructions, trespassers may not recover for the negligence of a land owner, they may recover only if the actions of the landowner are willful and wanton–an impossible standard to meet in this situation where the rescue attempt was from the public sidewalk. In addition, a plaintiff may not recover if he/she knowingly assumes the risk of the rescue as in this situation.

3. Case law is in accord with the instruction: Trespassers may not recover unless the landowner is guilty of some willful or wanton disregard for trespasser’s safety. Webster v. Culbertson, 158 Ariz. 159, 761 P.2d 1063 (1988) (adopting Restatement of Torts, §337). Under Arizona law, landowner may be liable for harm caused to trespasser by artificial condition on land, such as fence, or modification to land, such as trench, when landowner knows of trespasser. Delgado v. Southern Pac. Trans., 763 F. Supp. 1509 (D. Ariz. 1991). Possessor of land is required to reasonably protect trespasser’s safety once possessor knows or reasonably should discover trespasser’s presence. Id. The owner is never an insurer of anyone’s safety unless he acts intentionally to harm or has a contractual duty ti insure safety.

4. Article 18, section 5 of the Arizona Constitution provides for the defense of assumption of risk and makes it a jury question.

4. Mis-stating the law or twisting it to fit your conservative point of view does not bolster your argument.

]]> By: Fascist Nation http://jonathanturley.org/2008/12/31/et-tu-brute-phoenix-police-officer-accused-of-preventing-rescue-of-cat-for-nine-days/#comment-32900 Fri, 02 Jan 2009 04:40:50 +0000 http://jonathanturley.org/?p=6725#comment-32900 1. Cats don’t get stuck in trees. They come down when they get hungry enough.

2. In Arizona, the Arizona Court of Appeals has made any property owner liable for injuries on their property,even by trespassers. I don’t blame anyone for shooing off trespassers.

]]> By: waynebro http://jonathanturley.org/2008/12/31/et-tu-brute-phoenix-police-officer-accused-of-preventing-rescue-of-cat-for-nine-days/#comment-32866 Thu, 01 Jan 2009 19:52:56 +0000 http://jonathanturley.org/?p=6725#comment-32866 uuhhh, they don’t have Tree Service companies in Phoenix Arizona?

This seems like a case of extremely limited thinking.

]]> By: rafflaw http://jonathanturley.org/2008/12/31/et-tu-brute-phoenix-police-officer-accused-of-preventing-rescue-of-cat-for-nine-days/#comment-32767 Wed, 31 Dec 2008 23:51:23 +0000 http://jonathanturley.org/?p=6725#comment-32767 Sally and Jill,
while I agree with you that someone had to have a ladder, but we pay the police and fire to do mundane jobs just like this. My question is wasn’t there a supervisor of this officer that may have had more sense?

]]> By: Jill http://jonathanturley.org/2008/12/31/et-tu-brute-phoenix-police-officer-accused-of-preventing-rescue-of-cat-for-nine-days/#comment-32692 Wed, 31 Dec 2008 15:45:08 +0000 http://jonathanturley.org/?p=6725#comment-32692 And Sally,

I’m with you. As to the officer’s story–that dog don’t hunt!

]]> By: Sally http://jonathanturley.org/2008/12/31/et-tu-brute-phoenix-police-officer-accused-of-preventing-rescue-of-cat-for-nine-days/#comment-32683 Wed, 31 Dec 2008 14:45:54 +0000 http://jonathanturley.org/?p=6725#comment-32683 That’s crazy. Why didn’t he just get the cat out of the tree himself? That would have been the kind, neighborly thing to do.

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