Wednesday, August 4, 2021

Runner Interferes With Service Dog, Suing Disabled Veteran for Having His Dog in a Race.



Hello all,

Hello. I am Tom Hafemann and I am fundraising to pay for legal defense for myself and my service dog Jetta.

Civil Action Case No.: 2021-CP-10-03-03463. Filed in Charleston, SC.

Jetta and I were running in the Kiawah Island half marathon when someone came between and interfered with my leashed service dog. All three of us tumbled to the ground. She claims she was hurt, yet finished the marathon. She is stating that Service Dog or not, Jetta has no business being on the course.  She is suing for damages, punitive damages and the cost of the lawsuit. Here is a bit more to the story.

Anyone who knows me knows a few things about me.  First, I have a trained Service Dog, Jetta.  Second, she goes everywhere I go, including running.  

I served in the US Navy aboard the USS Nevada, SSBN 733, Gold crew. (1988-1992).  Jetta received her Service Animal diploma from Service Dogs 4 Veterans (www.sd4v.org) on August 22, 2018.  Since that time, she has gone with me everywhere I have gone.  She has traveled on planes, ships/boats, trains, cars, kayaks, escalators and elevators.  She goes with me to restaurants, sports events, and even to the bathroom.

Jetta is a Black Lab, Whippet mix; affectionately called a "Whipador".  She loves to run and so do I.  So I have been running with her attached to my 4 foot running tether leash.  She is well trained, follows my commands, and does everything I ask her to do.  She will run in the heal position in tight quarters and run in the lead left position when we run in the open.

On December 14th., 2019, Jetta and I ran in the Kiawah Island Half Marathon.  Traditionally, dogs are not allowed to run in races.  However, Jetta just isn't a dog.  She is my personal trained ADA Compliant Service Animal.  ADA, American Disability Act, requires that a service animal be given access to or given accommodation to any public place or event.  ADA Law 2010 .  I told Kiawah Island Half Marathon officials about Jetta, and they made accommodation.

So, here is what happened.

Jetta and I were running.  At around mile 7, things began to get a little tight.  I reeled in Jetta to run in heeled position.  This made us double wide.  At 7 miles into a half marathon, there really aren't many people passing.  The field has spread out a bit and most everyone at 9 miles is going to finish where they are.

However, there was this one person, Patrice Corriera of Madison, Connecticut.  She was in front of Jetta and I.  Jetta and I were running very well, feeling good and still on about a 9 minute mile pace, and we caught up to Patrice around mile 10.  Watching others in front of me have difficulty getting past her, as it appeared she would attempt to block their efforts, I knew it might be a bit difficult for me as well.  As she slowed from her pace, it seemed like she didn't want anyone to pass her.  For the next 1 to 2 miles I had been trying to pass Patrice with, "On your left" or "On your right".  Each time we tried to pass, she would move toward the side where we were going to pass, thereby blocking our ability to pass.  Again, we were relatively tight quarters.  Jetta was running in the heeled position.

Between mile 11 and 12, roughly, I saw an opportunity to pass.  This time I wanted to get thin and let Jetta out into the GO position as we set off to sprint to pass Patrice.  As we got closer I yelled "ON YOUR LEFT!"  This time, Jetta got past her but I didn't.  Patrice moved and positioned her between Jetta and I, again seemingly to block our pass, got tangled in our leash; both Patrice and I fell to the ground.   I stopped and asked if she was okay, she said no.  At that time I signaled for a race official that came over to take care of Patrice.  I asked the official if they got this situation.  They replied yes, so I carried on with the race, but very angry that she came between me and my service dog.  The extra anger adrenaline drove me to finish with sub 9 minute miles.

Both Jetta and I, and Patrice finished the race.  

A few months later I get some harassing letters from attorney's telling me that I need do this that and another thing because my dog had no business being on the race field.  They said they were/are going to sue me for medical injuries sustained by Patrice.  After talking with an attorney, they said these were just scary lawyer letters intended to rile me up.  (Remember, she finished the race!)

Well, I keep getting harassing letters, along with telephone calls, insurance company letters, and USA Track and Field, Inc. letters telling me that they are putting me on notice.

I have not run much with Jetta since this incident.  I haven't run a race.  While Jetta loves to run and can do fine with nobody else around, as soon as there is another runner in sight, she cowers and is severely distracted with her duties. I have been working with Jetta and a few other people to get her use to running in a group again.   Patrice has interfered with the duties of my service dog.  I am still working with Jetta to get her over the incident.  Jetta is now skittish around other runners.

As a result of all of this, my highly trained Service Dog is longer able to provide a key part of this veterans VA prescribed physical & mental therapy because of her trauma caused by inattentive runner that didn’t follow runner protocol.

So I am asking you, my friends for advice.  If you know anyone that can help me, please pass this along.  I am so very upset that I keep getting these harassing lawyer and insurance letters.  I sure would appreciate any legal or professional advice.

Here is my gofundme link if you could help me get through this situation.  Any help would be appreciated.

Disabled Unemployed Veteran Lawsuit defense fund

Tom

7 comments:

  1. Contact the ADA and ask for representation! She is completely out of line and from the sounds of it mentally unstable.

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    1. Thank you Roger. I am not sure exactly who to contact as an ADA representative. I have been in contact with Service Dogs 4 Veterans, and a lawyer, both have helped. While they know the ADA laws, neither they nor I know who an ADA representative would be.
      In response to your other post, I believe you are correct in her location and employer. From what I have seen, she is a senior person in the HR area. I am not sure the company would much get involved as this is her personal issue. I would expect that she may not be versed in ADA laws. I have told her lawyer that she interfered with the duties of a service animal. They flat out rejected that Jetta was a service animal and had no right to be on the course. Her story, as was written in a letter from the lawyer, is that Jetta aggressively went after her during the run and she sustained substantial injuries and suffering. Yet she finished the 1/2 marathon. My take is that she is looking for money.

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  2. Is she from NewYork? Is so she works for Phizer. I bet they wouldn’t approve of her bullying tactics either!

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  3. Have you called the ADA toll free number? They may be able to point you in the right direction.

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    1. what would that number be? What I have found in my investigating this whole thing is that many of the lawyers are only concerned about my rights being violated, and who can they sue. I have yet to find a defense attorney who is interested in the case without a $20k non-refundable retainer.

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  4. 1-800-514-0301
    I found this number on the ada.gov website

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