How Do I File A Lawsuit Against My Local Animal Services Agency?
Dogsbite.org has gathered instances in which victims have sued metropolis or county Animate being Care and Control Departments or municipalities afterward a serious or fatal dog attack. Some of these cases are "in procedure" with results unknown. Nosotros hope that by publishing this list, hereafter dog set on victims and their attorneys might reference this listing and runway court cases via lawsuit databases and acquire what finally resulted.
Victim: Zachary Rasmussen
Sued: Santa Monica, CA
Location: Los Angeles, CA
Lawyer: Brian Nelson
Status: Reached Settlement Understanding
In October 2010, Zachary Rasmussen was attacked past a pit bull in Memorial Park after the canis familiaris pushed through an unsecure gate at the park's dog run. At the time of the attack, the victim was in the ball field area of the park with his parents. Co-ordinate to court documents, Zachary was "viciously attacked in the head, neck, shoulders and dorsum," which likewise resulted in brain harm. The family'southward attorney filed a negligence conform against the owner of the dog, Jerome Wright, and the city in March 2011. Deputy Metropolis Attorney Lance Gems said if the case had gone to trial and the plaintiff won, a jury could have awarded the victim upwardly of $1 million dollars.
Victim: Gavin, six-Years Old
Sued: Kendall County, IL
Location: Yorkville, IL
Law Business firm: Unknown
Status: In Process
In Feb 2012, Shannen Flores filed a lawsuit against Kendall County, maxim the staff was negligent in decision-making Moose -- a bullmastiff that flake her 6-year quondam son in the face on July 3 at the Animal Control facility in Yorkville. Prior to this, Moose flake mail carrier Patrick Sondgeroth on May 31, which is how the dog concluded up at the facility. Shortly after the set on on Gavin, old Animal Control Warden Christine Johnson told county officials Moose had been euthanized when in fact he had been adopted to a family in LaSalle County. Johnson resigned prior to being fired. Within a month Moose chip again and was finally put downwardly.
Victims: Anna Cieslewicz and Mary Irish potato-Smith
Sued: Forest Preserve District of Cook County
Location: Cook County, IL
Law Firm: Clifford Law Offices
Status: In Process
In January 2003, a pair of "stray" pit bulls attacked 2 women joggers in the Dan Ryan Wood woods preserve killing one and seriously injuring another. Anna Cieslewicz, 48, was unable to outdistance the pit bulls that savagely killed her. Mary White potato-Smith, 46, was besides badly attacked, but survived. Irish potato-Smith subsequently filed a civil lawsuit against Wood Preserve District of Cook County alleging the bureau "knowingly permitted" the offending dogs "to remain" in the preserve. Cieslewicz's husband afterward joined the lawsuit. The Appellate Court of Illinois for the First District is expected to rule on the example in 2012.
Victim: James Bright, Jr.
Sued: Metropolis of Delaware
Location: Delaware, OH
Law House: Kimberly Doucher
Condition: In Process
In Nov 2011, the chaser for James Brilliant, Jr. filed a ceremonious lawsuit confronting the Metropolis of Delaware afterward he was terribly mauled by 4 Pikestaff Corsos last year. The lawsuit claimed the city knew three years prior to Brilliant'southward attack about the dangers these dogs posed. The dogs' owner, Virgil Mitchell III, had racked up a considerable number of violations pertaining to his dogs from Delaware Police force and the Delaware Canton Dog Warden prior to Bright's assail. In criminal proceedings, Mitchell pleaded not guilty to a fourth-caste felony, an unanticipated charge, and four misdemeanor charges in connection to the brutal dog attack.
Victim: Christina Casey
Sued: City of Moreno Valley
Location: Moreno Valley, CA
Constabulary Firm: Unknown
Condition: Settled or Dismissed
In September 2011, Neb Casey filed a lawsuit confronting the Urban center of Moreno Valley. Concluding year, his sister, 53-yr old Christina Casey, was mauled to death by her neighbor'southward ii pit bull-mixes. She was discovered dead in her g after the dogs dug a hole under a fence separating the two properties. The pit bulls tore out part of her pharynx. Prior to the fatal dog assault, Christina had reported the dogs to animal control after they had tunneled into her yard. The victim was in the in process of moving partly due to the neighbor's aggressive dogs. After her death, Beak told reporters, "In 2 more days, she'd take been completely out of in that location."
Victim: Krystal Cooney
Sued: Parlier Unified School District, Metropolis of Parlier and Fresno County
Location: Parlier, CA
Attorney: Kenneth K. Phillips
Condition: Victim Victory
In August 2011, Parlier Unified School District canonical a settlement offer to pay Krystal Cooney $190,000 after existence mauled by a pack of wild dogs three years ago. Attorney Ken Phillips argued that Parlier Unified was negligent for allowing the dogs to alive on its property. In a June 21 court hearing, Phillips said that school maintenance workers "built what amounts to a hotel for the dogs." He as well interviewed a loftier schoolhouse teacher who notified schoolhouse officials most the dogs and "warned them that this was unsafe." School officials ignored the warning. Cooney also sued the Metropolis of Parlier and Fresno County and settled for $lx,000.
Victim: Sue Gorman
Sued: Pierce Canton
Location: Gig Harbor, WA
Law Business firm: Attorneys Michael McKasy and Shelly Speir
Status: Victim Victory
In August 2011, a Pierce Canton jury awarded Sue Gorman $2.2 million in damages afterwards beingness mauled by ii pit bulls that entered her home through an open up sliding glass door on August 21, 2007. Jurors assigned 42% of the blame to Pierce County, $924,000. Gorman filed two complaints about the dogs leading up to the attack. In full, the county had 14 complaints from residents about the pit bulls owned by Shellie Wilson and her son, Zachary Martin, who together were assigned 52% of the blame by the jury. Prior to the civil case, both owners were charged with i count of "owning a dog that attacks" and pleaded guilty.
Victim: Jennifer Lowe
Sued: Knox County
Location: Knoxville, TN
Chaser: Kenneth M. Phillips
Status: Victim Victory
In February 2009, it was reported that the family of Jennifer Lowe received an undisclosed settlement from Knox County. In Nov 2007, Jennifer Lowe was mauled to death by ii pit bulls owned past Charles Smallwood. Chaser Kenneth Phillips successfully obtained a settlement against Knox Canton since officials knew the dogs that killed Jennifer were dangerous. According to WATE.com, in the year leading up to the deadly set on, Knox Canton Brute Command had deemed both pit bulls "dangerous" and had visited Smallwood's domicile v times, one of these visits existence just three days before Jennifer's decease.
Victim: Jennifer Scott
Sued: Multnomah County
Location: Portland, OR
Law House: Baumgartner, Nelson & Price
Status: Unknown
In Dec 2008, it was reported that Jennifer Scott filed conform against the owner of the attacking canis familiaris, the manor of the owner's begetter and Multnomah County. The offending 98-pound dog, Buddha, had previously sent two other people to the hospital in attacks in 2005 and 2006. The lawsuit alleges that Multnomah County failed to follow its own dangerous-canis familiaris rules in dealing with Buddha. County code has various categories for dangerous pets. Information technology defines as "level 4" behavior whatsoever at-big dog that "aggressively bites any person." An assail at that level would trigger restrictions on how and where the animal could be kept."
Victim: Henry Piotrowsky
Sued: New York Urban center
Location: Staten Isle, NY
Law Firm: Due west Brighton law firm of Russo, Scamardella & D'Amato
Status: Victim Loss
In August 2008, lawyers for Henry Piotrowsky, who was mauled July 1st by 2 pit bulls, filed a notice of merits against the City of New York seeking $7 million in damages. Piotrowski was severely injured in the assail, which caused the amputation of his left leg, and injury to his face, neck, arms and right leg. Attorney Michael Gervasi filed the paperwork, which is a prelude to a formal lawsuit, alleging the city failed to take appropriate measures to control the vicious dogs, despite numerous complaints from other neighbors and 311 and 911 calls about the animals. On August 17, 2008, Henry Piotrowski succumbed to his injuries and died.
Victim: Paula Ybarra
Sued: Hennepin County Animal Care and Control
Location: Minneapolis, MN
Law Firm: Unknown
Status: Victim Victory
In June 2008, it was reported that Paula Ybarra, 38, filed a lawsuit against Thomas Mohrbacker, the possessor of the dogs that attacked her. The suit also claimed the city's Creature Care and Control department failed to protect her from the dogs it had declared "unsafe." Paula is seeking more than $fifty,000 for herself and two daughters who witnessed the assail. Due to the assault, Ybarra has incurred medical expenses of more than $225,000. More than treatment is expected for lost animate chapters, difficulty swallowing and coughing, partial loss of speaking ability and permanent brake from activities that might re-hurt her neck.
Victim: Makailah Barnett
Sued: New York City
Location: New York, NY
Chaser: Thomas Minotti
Status: Victim Victory
In December 2007, it was reported that Shannon Smith, the mother of lilliputian Makailah Barnett, successfully sued the Urban center of New York after her girl was mauled by a pit bull. According to the complaint filed, Smith had received the offending dog from a police officer the day before the mauling. The unusual circumstances backside Officer Sean Smith'south determination to give the canis familiaris to Ms. Smith, a stranger, were enough to brand the metropolis liable for the attack, a Bronx jury decided. A lawyer for Ms. Smith, Thomas Minotti, said, "The officer was supposed to accept information technology down to animal control, merely he didn't do that. He wasn't allowed to give the dog away."
Victim: Lev Liberman
Sued: New York City
Location: New York, NY
Attorney: David E. Waterbury of Elliot Ifraimoff & Associates, P.C.
Status: Victim Victory
In September 2007, information technology was reported that Lev Liberman was awarded $3 million dollars by the City of New York later on enduring a horrific canis familiaris mauling in Dec 2001. Initially, the Queens Supreme Court justices dismissed the case, as well the case of Marlene Fils-Aime who was seriously injured in the same set on. In 2006, a ruling by the N.Y. Appellate Sectionalisation reversed the Queens court ruling. The attack left Liberman totally bullheaded in both eyes, deaf in 1 ear and unable to intendance for himself. Liberman was severely disfigured, including the loss of both outer ears and most of his scalp and hair. Amazingly, he survived.
Victim: Nancy Matthews
Sued: Northward County Animal Services
Location: Valley Center, CA
Attorney: Tomas Shpall
Status: Unknown
In November 2006, Nancy Matthews was mauled by 2 loose boxers near her home that had bitten ii other people. Equally her 2 sons watched, Matthews fought the dogs, which threw her to the ground and tore at her scalp, arms, legs and back and chewed off muscles. She concluded up with blood transfusions, scars and indentations in her arm and leg where she had lost tissue. The civil suit, first filed at the Vista courthouse in November, alleges that county animal officials knew the dogs had bitten 2 people previously and didn't accept appropriate action to prevent them from attacking again. The adapt was amended and refiled in Feb 2008.
Victim: Dorothy Sullivan
Sued: Spotsylvania County Animal Control
Location: Spotsylvania County, VA
Chaser: Thomas E. Albro
Condition: Victim Loss
On March eight, 2005, Dorothy Sullivan was brutally attacked and killed by loose pit bulls. The Sullivan family sued Spotsylvania County Animal Control for negligence maxim the agency knew the dogs ran loose and had attacked neighbors and killed pets and that the owner of the dogs, Deanna Large (who was convicted of manslaughter) was operating an unlicensed kennel. Excursion Courtroom Guess, George Tidy, ruled that the Sullivan family must drib the Canton and the Animal Control Section as defendants, but the family unit could sue the canton employees named in the suit. In March 2009, a jury ruled in favor of the canton employees.
Victim: Emma-Leigh Chambers-Allen
Sued: Valencia County
Location: Los Chavez, NM
Police Firm: Unknown
Status: Unknown
On June six, 2004, Emma-Leigh Chambers-Allen was severely mauled by her neighbor'due south pit bull. The pit bull broke Emma's jaw in 3 places, bankrupt her nose, tore out teeth and severed part of her tongue. Little Emma received over 200 stitches to her face and lost 66% of her claret in the attack. Six months following the attack, Emma's parents filed a lawsuit against the owner of the pit bull and Valencia County. Prior to the attack, numerous complaints had been made to the Valencia County Animal Control Department concerning the animal'southward vicious behavior -- including that "someday, Shelton'south pit balderdash would attack a kid."
Victim: Asencion Cervantez
Sued: Metropolis of Los Angeles
Location: Sylmar, CA
Attorney: Jeffrey Due east. Zinder
Status: Unknown
In February 2000, Asencion Cervantez was brutally attacked by two pit bulls while unloading supplies from his truck. He suffered extensive bite injuries, including part of his scalp torn off. The owners of the dogs, Pamela Joyce Curry and Michael Tatum, claimed they bought the dogs from a fighting dog breeder and that they had "given the dogs away" to ii unknown passerby the night before the mauling. Cervantez'southward chaser filed a civil claim against Back-scratch, Tatum and their landlord in April 2000. In March 2001, Zinder sued the Metropolis of Los Angeles for releasing the dogs back to their owners after earlier attacks on neighborhood animals.
Victim: Betty Lou Stidham
Sued: Memphis City
Location: Memphis City, TN
Law House: Bourland, Heflin, Alvarez, Minor & Matthews, PLC
Condition: Victim Victory
In June 1990, 57-year old Betty Lou Stidham emerged from her Memphis home to recollect her postal service, simply instead met the deadly fate of two pit bulls owned past her neighbor, Memphis law officeholder Edwin Loma. Six months earlier, the dogs had ripped the leg off of Stidham's pet pug. Prior to the attack on her pug, the pit bulls had attacked Edwin Hill'southward own wheelchair-bound mother sending her to the hospital. Colina was ultimately convicted of criminally negligent homicide and served five months of a two-year sentence. On July 21, 1998, the Supreme Court of Tennessee awarded damages to the Stidham family unit confronting the City of Memphis.
Related articles:
06/09/10: Pit Bull in Recent Mauling Adopted from the Humane Guild of Indianapolis
08/31/08: Dog Attack Victim Lawsuits and Settlement Awards
Source: https://blog.dogsbite.org/2008/08/suing-animal-control-agencies-after-dog.html
Posted by: goodmancrooking1973.blogspot.com
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