A Nashville judge says a doggy daycare misrepresented how it keeps dogs in its care.

The Dog Spot in East Nashville must pay after a Chihuahua was seriously hurt at the facility.

Rachael Waldrop boarded her two Chihuahuas, “Hall” and “Oates”, at the Dog Spot in East Nashville in March 2017. She and her husband went to Utah, but their trip was cut short.

The couple received a call from The Dog Spot. The five pound “Hall” had been bitten by a much larger dog.

“I realized how serious it was and I wanted to leave as soon as possible,” Waldrop said. “I just remember collapsing under the light post and holding on to it and sobbing into my husband’s shoulder that she died.”

Waldrop testified in court on Oct 29. News 2 obtained the trial tape Monday.

On the tape, Waldrop said she chose The Dog Spot because on its website The Dog Spot claimed it had a “strict policy” to separate large and small dogs.

However, co-owner Gary Chad Baker testified that there wasn’t a strictly enforced policy that kept large and small dogs separated.

“I didn’t say we have a place for the wee little ones and that’s the only place we keep them,” Baker said in court. “I certainly wasn’t trying to mislead anyone by that.”

However, Judge Kelvin Jones said in his judgment that the statement on the website was misleading.

Judge Jones found The Dog Spot in breach of contract and in violation of the Tennessee Consumer Protection Act, which protects consumers from deceptive business practices.

Baker also said the content from The Dog Spot’s website was taken from other businesses and that he hadn’t really looked at the website since 2011 when the business opened.

“I would call other doggy daycares and say hey I love your website; can I use your content on mine and give you $500?” Baker told Judge Jones.

The Dog Spot must pay nearly $6,000 plus attorney’s fees.

In a statement through an attorney, The Dog Spot said, “we have always separated dogs according to both size and temperament.” The attorney did not clarify when asked a follow-up question.

The Dog Spot owners have six pet-related businesses from West Nashville to Mount Juliet.