It is cases like these that give ammunition to those people who get frustrated with ridiculous and silly lawsuits.

The Washington Post reports that two Fairfax neighbors will head to court over a poop-scooping incident - or the lack thereof according to Virginia Cornell.  The defendant, Kimberly Zakrzewski, was walking her friend's furry companion, a 19-lbs. Bichon mix by the name of Baxter, in Cornell's neighborhood.  Cornell claims that Zakrzewski failed to clean up after the dog did its business and she failed to clean up the ensuing pile.

Virginia Lawyers Weekly notes that Zakrzewski had originally been found guilty in her absence after missing a June court date and was fined $250.  She has, however, decided to appeal.

Zakrzewski so adamantly denies the accusation that she has invested $1,200 in her defense, with an eyewitness testimony.  Cornell evidently plans to introduce a photo of the "leavings" as part of her case.

Baxter's owner may be called on to testify that the poop in the picture could not belong to the dog, as it is evidently the wrong size and consistency.

Oh yeah, and Cornell is actually a member of the legal profession who had previously filed a suit against Zakrzewski that accused her of reckless driving in her neighborhood.

This is ridiculous!  The waste of resources and the jury's time is ludicrous.  The fact that this case ever made it to the courts of the Commonwealth of Virginia is enough to drop jaws among people who already have a skewed view of the legal system.

It is unfortunate that people sometimes take advantage of the system and those cases end up getting greater coverage than the thousands of cases that go through the courts every year on legitimate grounds.  It is an embarassment, as well, that Cornell, who is evidently familiar with the legal process, would allow this charade to see the light of a courtroom.

We understand that people not taking responsiblity to clean up after their dogs is a nuisance, but that's all that it is - a nuisance!  The courts should not be wasting their times on these kinds of petty lawsuits when there are victims of real crimes and injured parties that deserve their day in court.

Update: The jury (predictably and swiftly) found Zakrzewski not guilty of the charges.  The trial itself, however, took several hours.

Ben Glass
Ben Glass is a nationally recognized Virginia injury, medical malpractice, and long-term disability attorney
2 Comments
Ben: I wholeheartedly agree. People look to the courts to resolve their issues far too often when more appropriate solutions are available. It wastes court time and makes us, as lawyers, look bad. I recently posted about this on my site noting three different cases from around the country that have you scratching your head. This stuff has got to stop!
by Steven J. Richardson October 28, 2011 at 08:34 AM
you have to realize that this was a vendetta; it wasn't about picking up the poop. the sisters have a history of wasting police/court resources.
by Linda October 26, 2011 at 10:01 PM
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