Pamphlet did not ‘partially paralyse pet’

THE owners of a dachshund yesterday branded junk mail “the scourge of the 21st century” after losing a court case in which they claimed their pet had been partially paralysed jumping for a Safeways leaflet left hanging in their letterbox.

“If people want their pets not to be injured I would advise them to block their letterboxes,” said 62-year-old Gordon Musselwhite after the small claims hearing at Plymouth county court.

Retired company director Mr Musselwhite and his 61-year-old wife Susan claimed £2,906 in vets bills and legal expenses as a result of the alleged incident at their home in Yealmpton, Devon on December 1, 2001.

But district judge Peter Corrigan said he was satisfied there was no breach of duty by Safeways and added: “I do not find a suspended leaflet equates to negligence.”

Mr Musselwhite claimed that while he and his wife were out shopping, Muffin and their other dachshund Belle were left in the hall. On their return they found leaflets sticking out of the letterbox, and a Safeways leaflet with teeth marks in it on the floor.

They claimed Muffin injured himself jumping up to reach the leaflets.

Barrister Stephen Morley, for Safeways, said the Musselwhites’ claim was “lacking in any merit”.

Safeways did not deliver the leaflets. A sub contracted firm, who used a local distribution group, did, he said.

The court also heard that three days before the accident Muffin had been to the vet with a back condition.

But Mr Musselwhite maintained in court his pet suffered “immediate paralysis” as a “direct result” of leaflets left hanging in a way which made Safeways liable.

Judge Corrigan said the Musselwhites’ case was based on “inference not fact”.