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Appeals Court Upholds Verdict Against Mail Carrier

By Becky Ogann

Story Created: Aug 13, 2008 at 10:45 AM CDT

Story Updated: Aug 13, 2008 at 10:45 AM CDT

DES MOINES (AP) - The Iowa Court of Appeals has upheld a jury's verdict against a Waterloo mail carrier who was injured while running from a dog.

Larry Welcher claimed in a lawsuit that the dog's caretaker was negligent in the "handling of a dangerous animal," which led to his injuries.

Court records show that Welcher was delivering mail when Kathleen Spees let the dog, named Butchie, off its cable so she could untangle it. Butchie took off and chased Welcher, who jumped in his truck and landed on his back.

A jury found in favor of Spees, saying while Butchie tried to bite Welcher, he didn't cause Welcher's injuries.

Welcher argued the district court failed to give the jury instructions about Waterloo's leash law and dog owner statute.

The appeals court ruled on Wednesday that there was insufficient evidence to support Welcher's arguments.

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