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UPDATE 12/31/97
It has now been two weeks since
this tragedy. Have I heard from UPS? No, I haven't. The sorrow
has spread. The packages delivered that infamous day were Christmas
presents from my daughter. She has figured out it was her delivery
that precipitated Stumpy's death and she too is miserable. I
can't open those boxes. Whatever they contain would always repulse
me. Everyone who met him is sad. He was liked or loved by far
more than just me. The Harley boot chain he once wore as a collar
sits in my closet...a silent reminder of my lost little brother.
It's a reminder of my pledge to make the big brown company regret
running over my little brown dog.
My attorney has been contacted
and awaits the go ahead to file suit. We're in the process of
putting together a massive protest and picket line in front of
the Gettysburg distribution center. The media has shown a great
deal of interest - tear jerkers always seem to find their way
onto the evening news; especially when a large corporation is
the villain.
UPDATE 1/8/98
Today I visited the Gettysburg
UPS office and spoke with one of the terminal managers. He said
they were considering offering $85, his idea of the adoption
cost at the pound. I told him I had heard nothing and that if
I didn't hear from someone to have this matter settled by 1/16/98
I was going to proceed with court action.
UPDATE 1/12/98
Liberty Mutual Insurance Company
called to offer $200 to replace Stumpy. I argued for a bit and
they offered $250. My reply was a simple one: Stumpy can NEVER
be replaced, but I am entitled to the purchase cost of another
dog or the amount I had to pay to acquire him. Stumpy would have
been put to sleep if I hadn't agreed to pay the $500 for his
operation. Neutering was another $110. We've priced American
Fox Hound puppies - they aren't cheap and they're more than $500.
The insurance adjuster asked what kind of dog he was and I told
her - again. Her reply, and what she claimed she could replace
for $250, was, "My information is that the dog was a ROCKWYLER."
(I'd like to see them replace a good Rottweiler for $250.00,
but that's another issue.) I politely told her I had not owned
a Rottweiler for two years; whereupon she again quoted the $250
figure. Interesting! Apparently Liberty Mutual believes any dog
is worth $250 regardless of its breed, original cost, training,
etc. I was very polite in rejecting the offer. "See you
in court," was all of the politeness I could muster. I am
now rather ashamed that my paternal grandfather was on Liberty
Mutual's board of directors.
UPDATE 1/25/98
A surly
biker, not known for being particularly sympathetic to anything,
while waiting for the Super Bowl to come on, picked up a hard
copy of Stumpy's story from a table here at the house. Stumpy
would have been curious as to why this huge, threatening kind
of man was sitting in my living room with tears rolling down
his cheeks.
UPDATE 1/26/98
I received the following letter
from Liberty Mutual Insurance Company - "I am writing to
confirm our telephone conversation with regard to the loss of
your dog Stumpy. As indicated, Liberty Mutual is in a position
to offer you $250.00 for the loss of your dog. This amount is
based upon the average cost to replace a dog of similar nature.
If you are in agreement with this, please sign the bottom of
this letter and return it to Liberty Mutual. Thank you for your
time and cooperation in this matter. Sincerely, Denise Plummer"
(I never told her Stumpy's name; so she obviously has been to
these pages. And what the hell does "similar nature"
mean? OK, Denise, find me a three legged dog with all of the
wonderful attributes of Stumpy - I'll settle for that.)
UPDATE 1/27/98
Because Ms. Plummer had previously
told me she could replace the dog for this amount, I decided
to give her that opportunity by calling and asking where I could
do this. Ms. Plummer was not in, but another agent took my call.
I asked him to check the file and give me the name and number
of the place where I could purchase an American Fox Hound for
$250. He told me the information wasn't in the file and I would
have to speak with Denise. OF COURSE THE INFORMATION ISN'T IN
THE FILE....IT'S AN ARBITRARY FIGURE CHOSEN BY LIBERTY MUTUAL.
I politely advised him to note in the file that I would be filing
suit. His response, "We'll be looking forward to it."
At 1:00 pm, suit was filed against United Parcel Service in District
Court for the acquisition cost of Stumpy, an amount less than
the price of purchasing another dog.
UPDATE 2/17/98
Mrs. Plummer called to make a higher
offer which I accepted. She said the check and release papers
would be "in the mail."
UPDATE 2/23/98
Court day! No check has arrived.
Tricky bastards, these insurance people. I went to court and
spoke with the judge. He said Mrs. Plummer had called on 2/19/98
and told him a check had been sent to me. I told him no check
had been received and I was granted judgement for the full amount
claimed plus court costs. ---- When a suit is filed in the District
Court of Pennsylvania, the Plaintiff does not have to show up
unless the Defendant files notice of an intent to defend. The
court then lets the Plaintiff know there will be a defense and
to show up on the appointed date. I have a theory here.... No
defense was filed and thus I wasn't told to appear, BUT the insurance
company called the judge four days before the trial date and
told him the thing was settled. I suspect Liberty Mutual figured
I wouldn't show up and the case would be thrown out. They now
have 30 days to appeal to the Court of Common Pleas; an action
which will cost them more in court and legal defense costs.
UPDATE 4/9/98
Today I finally received a check
from Liberty Mutual in full payment of the amount claimed plus
court costs. The $665.00 will be used to create a perpetual fund
to cover awards for the Annual Stumpy Memorial Poker Run. The
manufacturer has assured me that the Stumpy Memorial patches
will be shipped (via Federal Express) and should be here on 4/13.
Some of the patches will be given to Stumpy's friends and the
others will be sold with the proceeds going into the perpetual
fund.
The UPS court battle has been won
and it feels good to know that my boy's memory will live in the
hearts and on the jackets of those who knew, or knew of, him.
Still, not a day goes by that he doesn't come to mind and the
pain of his loss is rekindled. He was and always will be a very
special friend.
UPDATE 9/17/98
The First annual Stumpy Run raised over $1,600 and was attended
by nearly 100 riders even though the run was in competition with
an older, more established event in York County that day.
UPDATE 2/17/99
Someone shipped a package to me by UPS. They refused to delivery
it. Instead they sent a postcard telling me I had to pick the
package up at their depot, 22 miles away. It seems the route
driver refused to come here for fear of retaliation. They have
since decided to give all our items to another driver. She is
pleasant and I have yet to see her haul ass down the driveway
like her predecessor. I still prefer FedX, even if it does cost
us more because we aren't on one of their regular routes.
UPDATE 10/1/99
The 2nd Annual Stumpy Run was a success, I've been told.
I wasn't there for political reasons that have nothing to do
with Stumpy's memory. I'm glad he was once again remembered by
others. He is still very much in my heart and I find it hard
to talk about him without welling up inside.
UPDATE 1/15/00
Since I am no longer a member of PCOM, there is no organization
behind the effort to continue the Stumpy Run and my election
to the State Coordinator's position with ABATE doesn't allow
me time to do it alone. But...one day, the Stumpy Run will once
again resurface and provide funds to the local shelter in his
name.
UPDATE 7/17/02
ABATE is going to do a second run to benefit the fund to
preserve the monuments at Gettysburg. Last year the run raised
$7,000. How I wish that could have been done for Stumpy's memory
with the money going to help the dogs in shelters. I have not
forgotten my pledge to keep his name and memory alive. I still
cannot talk about him to anyone without a tremble in my voice.
Nor can I sit alone without tears and look at one of the very
few photos I have of him. The lack of pictures hurts too. If
only I had known we would have such a short time together, the
album would be filled with Stumpy pics. Rereading his story is
just as difficult today as it was to write nearly five years
ago. I gotta go blow my nose.
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