# Vicksburg UPS Delivery Man Accused Of Dog Attack



## Virginia (Oct 2, 2008)

http://www.wapt.com/cnn-news/18689297/detail.html

"John Stuckey's dogs are big, but he insists they are not fierce.

Stuckey said Taz and Aura usually spend their days frolicking outside the house."

"Stuckey said Taz, a 65-pound German shepherd, suffered a swollen eyelid and hazed-over right eye after a UPS driver struck the 2-year-old pooch when dropping off a package."

"A video from a home security system appears to show a UPS driver encountering both guard dogs. Within seconds, the driver is seen standing ahead of the dog, striking Taz once near the top of the head with a long, rod-like object."


How sad for the poor GSD, but how could his owner let them roam around the front yard by themselves all day?


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## vcroft0313 (Feb 3, 2009)

I'm guessing the whole yard is fenced if they have 9 security cameras around the house.
I hope that driver faces some definite ramifications. 
And I just have to LOL at the BIG 65 pound German Shepherd.


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## BlackPuppy (Mar 29, 2007)

You know what? When I got Doerak I never - ever - heard him bark. In fact it took me a year to teach him to bark on command. (I don't think he had a very good life before I got him.)

Then one day I was out in the yard with Doerak when the UPS guy came by. At first he didn't see Doerak, but when he did, he started backing up. He told me that whenever he dropped off packages Doerak would put on a fierce barking show at the front door. So, you never know what your dog is doing when you're not home. 

I fault the owners for leaving the dog out unattended. But the UPS guy should also have just refused to deliver.


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## weber1b (Nov 30, 2008)

I agree with the refusal to deliver. Delivery folks, like mail carriers etc. face this type of thing A LOT. While it seems the driver went too far here, they get a little gun shy after awhile. I don't think any dog, especially the larger ones, should be out free when the owner is not there anyway.


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## angelaw (Dec 14, 2001)

Geesh, Jade hops in the truck with our UPS guy, lol.


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## pboyer (Feb 5, 2009)

Lexi loves our Fed ex girl, she always bring a milk bone !!!!


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## emjworks05 (May 30, 2008)

I think that the guy should have just refused to deliver the package,he should have never been in the yard if he "feared" for his safety much more hit the dog. My parents have a big dog and the mail person started refusing delivery so they just got a Po Box. Where it seems like both the owners and UPS driver is at fault, the dog is the one paying for the mistakes.


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## doggiedad (Dec 2, 2007)

what's there to LOL about the big 65 pound German Shepherd?



> Originally Posted By: CustomKimberI'm guessing the whole yard is fenced if they have 9 security cameras around the house.
> I hope that driver faces some definite ramifications.
> And I just have to LOL at the BIG 65 pound German Shepherd.


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## DnP (Jul 10, 2008)

> Originally Posted By: Angela_WGeesh, Jade hops in the truck with our UPS guy, lol.


Phoenix did that too and tried to give him a nice wet tennis to throw. Luckily, my UPS guy thought it was funny.


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## Ocean (May 3, 2004)

I'm pretty sure UPS has a policy that does not allow their delivery person to strike customer's animals unless they felt they were endangered. Of course, without security cameras, a delivery person can just claim he felt endangered. I would give the video to UPS and ask them to fire their employee. And sue.
If my property is fully fenced, I have the right to allow my dogs to roam inside the property freely. And my gate is always locked so any delivery person w/d have to drop off a package by the gate not by the front door. If I allow any delivery people to open the gate and get all the way to the front door, then the dogs should be kenneled.


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## DnP (Jul 10, 2008)

> Originally Posted By: doggiedadwhat's there to LOL about the big 65 pound German Shepherd?
> 
> 
> 
> ...


You guys might think it's amusing that they referred to a 65lb dog as being big, but to most folks, it IS a big dog. Size is relative to what you have to compare it to...


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## Kayos and Havoc (Oct 17, 2002)

I agree Ocean. 

My Max HATES UPS and I could never figure out why. One day I was at work and my hubby was home sick. UPS came to the door and Joe put the dogs on down stays. Max broke the stay and went after the UPS guy. Chased him to his truck and did a great bark and hold. Max did not put his teeth on the driver - thank goodness. We were moritifed and had no idea why Max would do that. We called UPS and apologized and they were cool with it. We also promised to have Max kenneled, or in the yard before opening the door to the driver. 

Not long after that we had a new driver. She commented on Max's barking and thanked us for managing him so carefully for her. I told her what he had done to the previous driver and she said of he is no longer with the company, he had been terminated for abusing dogs. We think he may have been pounding on the window at Max when we were not home when he showed up. Our neighbor said she had seen him at the window next to the front door a few times before the incident. So the driver may have gotten what he deserved but if Max had put his teeth on the guy I would have had the problem and would have had no idea why.


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## doggiedad (Dec 2, 2007)

how much does your dog weigh?



> Originally Posted By: DnP
> 
> 
> > Originally Posted By: doggiedadwhat's there to LOL about the big 65 pound German Shepherd?
> ...


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## DnP (Jul 10, 2008)

He weighs 80lbs.

But I can tell you that most non-dog people and folks with smaller dogs consider a 65lb dog to be big! And if it's a person who is afraid of dogs, a 65lb gsd, or any dog for that matter, can look HUGE to them.


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## astro_charles (Sep 4, 2008)

From the video in the news footage all I see is a delivery man driving down the driveway with no dogs in sight and then walking to the door when suddenly a dog is coming behind him and ready to attack. If they had footage of the dog(s) jumping around the truck before the driver got out then maybe they have a claim as he should have simply left rather than challenge them in their own yard.


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## Reik's mom (Dec 9, 2002)

I have to agree as to why didn't the UPS guy refuse to deliver..









If the UPS guy refused to deliver, none of this would of happened at all...


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## doggiedad (Dec 2, 2007)

just so you know i'm not a part of the "you guys" mentality that you mentioned. i think dogs that are 50lbs and up are on the larger side.


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## doggiedad (Dec 2, 2007)

my last Shep was delivery friendly. before i brought him home i told the mailman i was getting a GSD puppy. i asked the mailman to knock on our door everyday so he could pet and treat my puppy. after awhile the mailman was able to hand my dog the mail through the fence or he could reach over the fence and hand my dog the mail. my dog would bring us the mail. if my dog was inside the mailman use to knock on the door and wait for my dog to come to the door. then he would put the mail in the door slot so my dog could take it from him and bring it to us.


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## selzer (May 7, 2005)

doggieDad,

My only issue with allowing that much unsupervised contact with an outsider is in the event of substitutes. The dog sees the mailperson coming and gets excited and runs to meet him or her A substitute might be frightened and act in an unpredictable, even dangerous manner. This rarely ends up postively for the pooch. 

When I have deliveries sent to my home, I instruct them to leave the item in the shed and NOT TO OPEN THE BACK GATE. If they did open the back gate nothing would happen because my dogs are kenneled or in the house and unable to get into the back yard. But I do not WANT anyone back there where they could tease or aggravate my dogs. 

I wonder if the dog was sleeping in the back yard or in the house when the driver opened the gate and came in. Then the dog shoots out the doggie door, or comes around the corner and the delivery person feels threatened by the gigantic dog (shepherds look a lot bigger because the ears stand up). I think that the owner of the dog is really at fault here because they did not ensure that the delivery was made in a safe place where contact with the dog was not a question.


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## bdavis86 (Jun 9, 2008)

> Originally Posted By: Angela_WGeesh, Jade hops in the truck with our UPS guy, lol.


Lol that's great! hope the driver has a sense of humor!


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## angelaw (Dec 14, 2001)

Actually yes, he has a gsd too


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## doggiedad (Dec 2, 2007)

there was no "that much unsupervised contact with an
outsider". if my dog happen to be in the yard when the mailman came he took the mail and brought it to us. if my dog was in the house the mailman use to knock on the door and wait for my dog to get there. then the mailman would put the mail in the door slot and my dog would take it from him or her and bring it to us. it was one of my dog's jobs. my dog would take the mail from substitutes also.

i think the word got out amongst the mail people that there's a dog who'll take the mail. one day my wife and i went to work and we left the dog outside. we never left our dog out without us being home. when i came home i saw my dog on the porch. i knew he had been out all day. my neighbor from across the street came over when i pulled up. she had my mail. she said shortly after we left our dog came from the back of the house to the front porch. there was a substitute mailman that day. when my dog went to the gate to get the mail the mailman took off. my neighbor took the mail from the mailman. she also told me everytime one of our chickens tried to leave the yard our dog herded them back to the back yard. my dog stayed on the porch all day long and herded the chickens. he could have left the front yard with no problem because it wasn't comp;etely fenced in.


> Originally Posted By: selzerdoggieDad,
> 
> My only issue with allowing that much unsupervised contact with an outsider is in the event of substitutes. The dog sees the mailperson coming and gets excited and runs to meet him or her A substitute might be frightened and act in an unpredictable, even dangerous manner. This rarely ends up postively for the pooch.
> 
> ...


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## doggiedad (Dec 2, 2007)

question? if your yard is completely fenced and the dog can't get out or over the fence and someone enters the yard and the dog bites them. are we liable? what if we have signs up saying " the dog bites" or "dog on patrol", we're telling you we have a dog that bites and you still enter the yard and the dog bites you. are we as the dog owner still at fault?


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## angelaw (Dec 14, 2001)

It depends on your state laws. 

Here in Florida:

767.04 Dog owner's liability for damages to persons bitten.--The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner. However, the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words "Bad Dog." The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law.


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## Sashmom (Jun 5, 2002)

> Originally Posted By: doggiedadquestion? if your yard is completely fenced and the dog can't get out or over the fence and someone enters the yard and the dog bites them. are we liable? what if we have signs up saying " the dog bites" or "dog on patrol", we're telling you we have a dog that bites and you still enter the yard and the dog bites you. are we as the dog owner still at fault?


doggiedad, I always wondered about this also. I have 6 ft fence with LOCKING gate but a couple of times I caught neighborhood kids trying to climb my fence, unreal. Can we say" not too bright"? 
I couldnt bring myself to put BAD DOG all over my fence. but yes, that is what the statute says in FL.


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## Sashmom (Jun 5, 2002)

> Originally Posted By: Weber1bI agree with the refusal to deliver. Delivery folks, like mail carriers etc. face this type of thing A LOT. While it seems the driver went too far here, they get a little gun shy after awhile. I don't think any dog, especially the larger ones, should be out free when the owner is not there anyway.


I agree, I never pushed my GSD on the UPS guy, he used to ring the bell and want me to sign for things, he nervously laughed one day and said: I think your dog want to eat me....so after that, I told him he could just leave the stuff on the porch and didnt have to worry that my dog was never loose. I try to be considerate of the UPS guy. We had a new one while Sashi was still here and he heard the barking and threw my package and ran! 
I think they might encounter alot of scary dogs. I cant blame them for being afraid. 
GSD's have a deep bark and if they arent dog people, they are probably scared. 
And....UPS people have schedules to make, its not like they can hang around and try to make friends with your dog, my area, they are VERY busy.


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## Sashmom (Jun 5, 2002)

> Originally Posted By: CustomKimberI'm guessing the whole yard is fenced if they have 9 security cameras around the house.
> I hope that driver faces some definite ramifications.
> And I just have to LOL at the BIG 65 pound German Shepherd.


It says it was a Malinois....in the pic, it looks like the dog is coming after the UPS guy. but who knows? it is sad, if the owner wouldve been there, thisall couldve been prevented? Where was the owner?
It doesnt say anywhere in the article if the yard was fenced.


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## Liesje (Mar 4, 2007)

My dogs are indoors when I'm not home, and I still have my packages delivered to me at work. I agree with some others, you can't know for sure or control what your dogs are doing when you're not at home. I don't see why the delivery man didn't just keep the package and leave a sticker. I used to deliver papers as a kid and there were some dogs that scared the living $*** out of me that were always loose and charged if you so much as set a toe across their line. For those homes I dropped their paper at the end of their driveway. They could either walk down and get it, or contain their dogs.

This case is just yet another example supporting how I plan to contain my dogs in the future: either indoors (like now), or have fully fenced (including the TOP) runs that do not affect access for a delivery person or a meter reader.


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## crackem (Mar 29, 2006)

has anyone seen the video? All I saw was an account of what happened from a pissed off owner that wasn't there, and a still picture taken from a video camera. If I was a delievery guy and turned around to find a dog looking at me like that, I'd pop him in the eye too.

Why is everyone jumping all over the driver? there isn't near enough known from that article to make any conclusions.


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## selzer (May 7, 2005)

Here in Ohio, you cannot be held criminally negligent if it is shown that you were not negligent in your dog's containment. Someone would have to go through my fence in my back yard, opening the locking mechanism, and then open a kennel gate or my patio's gate in order to have contact with my dogs. 

I think I could prove to a jury that I was not negligent in containing my dogs. So I would not go to prison if my dogs killed a sixteen year old punk that decided to come in and take on my dogs. 

Could the owners of the sixteen year old punk sue me in civil court for the medical expenses or a wrongful death suit? I think they could. Then my homeowner's insurance would pay or fight it, and then drop me, or they would say they do not cover my dogs and I would have to get my own lawyer and fight it. Then depending on the jury, I would win or lose, only if I won, they could then appeal. Either way it could be an extremely ugly outcome for me and my dogs. 

If someone will break into my yard to get at my dogs, they will break into my house. In my house my dogs would be crated. They would be sitting ducks for someone who wanted to torture them or steal them for bait dogs. If they try to steal them out of my kennels, they would have to come prepared anyway. There is no way to keep your dogs 100% safe. But people can do a whole lot better than they do.


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## Papanapa (Mar 1, 2008)

A good friend of mine is a meter reader in Cleveland. She always carries mace and has used it on numerous occassions when dogs come charging at her. She said that she cannot take the time to decide if a dog is running at her because it is "friendly" or "mean", she just has to spray and get the heck out of dodge.

The UPS guy probably panicked and did the only thing he could to prevent injury to himself. Wonder what UPS's policy is on entering gated property to deliver things?


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