Dog files lawsuit against fence

DAYTON – A couple who says their dog was injured by an invisible fence is going to court to try and recover damages for emotional distress they say the animal suffered.

The lawsuit was filed in Montgomery County Common Pleas Court by Andrew and Alyce Pacher, of Vandalia, who identify themselves as "pet guardians" of Boomer. The lawsuit, which refers to Boomer as a plaintiff, requests damages of more than $25,000.

Also on the side of Boomer, a 4-year-old male golden retriever, is attorney Paul Leonard, a former lieutenant governor and ex-mayor of Dayton. Leonard says he's an animal lover hoping to upgrade the legal status of dogs in Ohio.

Leonard said Boomer suffered psychological damage from second-degree burns he received when he tried to run through the Pachers' invisible fence.

An invisible fence is an electrical wire buried in the ground. The dog wears a special collar that shocks the animal if it wanders beyond the fence.

Attorney Scott Oxley, who represents the fence company, said companion animals are considered personal property under Ohio law.

"This (lawsuit) was filed by Boomer. That's how I read it," Oxley said. "It's my opinion that it's clear dogs cannot sue under Ohio law."

Leonard acknowledged that there is no precedent in Ohio for an animal to have an attorney represent it in court.

"That's one of the principles of law we're going to ask the court to change," Leonard said. "This is a lawsuit where we are trying to plow some new ground."

The lawsuit, which was filed against the Invisible Fence Co. of Dayton, is the first case for Leonard's newly formed Center for Animal Law and Advocacy.

Leonard said he hopes Boomer's case will put pressure on the Legislature to toughen laws against animal cruelty. Leonard said animal-friendly legislation gets little or no serious consideration by lawmakers.