Animal Law Clinic at Lewis & Clark School Wins First Case

Animal Law Clinic at Lewis & Clark Law School
wins first case it takes to trial

This week a Grants Pass jury unanimously found a man liable for shooting and killing a neighbor’s dog. The jury awarded $500 for the value of the dog, $600 in lost wages, $3,500 in emotional distress damages, and $10,000 in punitive damages. The decision, atypical for a jury in southern Oregon, came during the first case taken to trial by the Animal Law Clinic at Lewis & Clark Law School.

The plaintiff, Donna Zumbrum, owned a yellow Labrador retriever named Miss Lily. Miss Lilly was shot and killed while chasing a deer through defendant Robert Lenander’s property. The parties agreed that the dog darted from Zumbrum’s home and was trespassing on Lenander’s property. Zumbrum’s attorney contended that the appropriate response to the offense should have been a fine from Animal Control rather than a shot from Lenander’s gun. The law, said the attorney, allows persons to shoot dogs only for harassing or killing their livestock, in order to protect property including companion animals, or for threatening or harming people.

The story itself began with an odd twist. Nine months before her dog was killed, Zumbrum received Miss Lily as a gift from her fiancé. On the same day he gave Miss Lily to Zumbrum, her fiancé was murdered.

The Josephine County District Attorney’s office has a history of not pursuing animal abuse crimes. “We are hopeful this jury verdict will send a strong message to the community, including the District Attorney’s office, that the unlawful shooting of animals is not tolerated,” said Laura Ireland Moore, Zumbrum’s attorney who is the Executive Director of the National Center for Animal and law professor of the Animal Law Clinic at Lewis & Clark Law School. “Donna is relieved that Lenander has finally been held accountable for his actions.”

The National Center for Animal Law trains and supports animal law students in order to further the field of animal law and promote legal protections for animals by fostering curriculum development; hosting conferences, competitions, and trainings; providing financial support for animal law students; and developing resources for students pursuing careers in and involving animal law. The Animal Law Clinic provides law students real-world experience in animal protection litigation and legislative efforts.