Dog owners fight for supermarket payout

Plymouth - The owners of a dachshund are preparing to face Safeway in a court battle over an injury to their pet.

Gordon and Susan Musselwhite claim their dog Muffin was partially paralysed jumping for Safeway leaflets posted through the letterbox of their home.

Retired company director Mr Musselwhite, 62, and his 61-year-old wife have issued a £2,826.65 claim against the supermarket in the small claims division of Plymouth County Court.

Mrs Musselwhite said the case was due to be heard before a district judge in Plymouth on January 19, and they would be representing themselves at the hearing. "We cannot afford to spend money on someone to represent us, we have spent enough," she said.

Her husband maintained there was no need for the leaflets to be delivered to their home as there was a postbox at the start of his 140-foot drive in Yealmpton, Devon. His wife said they would be unscrewing the postbox and taking it to the court hearing.

Mr Musselwhite, whose pet was injured in December 2001, said his claim was for vet's bills and legal expenses. He said on the day of the incident he found Muffin, now seven-and-a-half years old, on the floor of the hallway paralysed from the shoulders downwards.

There were teeth marks on the leaflets protruding through the letterbox, and Muffin later underwent surgery to have a disc removed, he said.

Safeway said in a statement: "We do not consider there to be any liability on the part of Safeway. The leaflet was actually delivered by the National Leaflet Co, but regardless, we feel what has happened to Muffin was merely an unfortunate incident for which no party can be held responsible.

"Apart from the liability issue, there is also question of causation - Mr Musselwhite would need to prove that the injury was caused in the manner alleged. In all circumstances, we firmly resisted any payment and advised any legal action against the company will be strenuously defended." -- Annanova News

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