Suit filed in Rottweiler attack

[Rene Allegrini]

Article and link provided by fightBSL group and Jodi Preis


Suit filed in Rottweiler attack
Woman claims officials were warned dog was dangerous
By KATE BRASER
Courier & Press staff writer 464-7622 or braserk@courierpress.com
Thursday, February 22, 2007

An Evansville woman and her son have filed a civil suit against the city of Evansville, the Evansville Housing Authority and Animal Control, claiming officials were warned a Rottweiler was dangerous before it ultimately attacked the young male plaintiff.

In the personal injury suit filed in Vanderburgh Circuit Court this month, Shawn Davis, 8, and his mother, Misty D. Davis, say Shawn was "viciously attacked" by a Rottweiler named Romeo at 1301 Sycamore St. on Feb. 18, 2005.

The incident reportedly occurred on EHA property.

Davis' attorney, Daniel Tuley, said Shawn was 6 years old at the time of the attack.

According to Tuley's records, Shawn was outside playing on the EHA property when he was attacked by the dog. His stepfather came to his rescue, but Shawn's wounds required hospitalization.

Pictures of the boy's injuries taken just after the incident are included in Tuley's case file. They show deep wounds where chunks of flesh were ripped from the boy's back, torso, shoulder and arms. The skin around the bite marks is tinged yellow and bruises are starting to appear.

Shawn was in the hospital for three days, then underwent a month of hydrotherapy. The treatment required the boy to sit in a spa filled with antibiotics to wash the wounds. It is a painful process, Tuley said, noting Davis has said her son sometimes screamed in pain during the treatments.

His medical bills total $16,000.

Shawn has since recovered, but still has scars.

Tuley said the attack could have been prevented because Animal Control officials were "well aware of this dog's violent propensities based upon numerous prior attacks."

Records obtained from Animal Control document an attack by the dog on Aug. 4, 2004. In that attack, Romeo bit a young girl after she knocked on the door of the owner's home.

The dog's owner is not named in the suit.

Through interviews with neighbors, Tuley has learned neighbors complained to EHA officials about the dog before it attacked Shawn. He said some of the neighbors said they, too, were bitten by Romeo, but did not report those incidents to Animal Control.

"(EHA) could have forced the owner to get rid of the dog or face eviction," Tuley said, explaining why EHA is named in the suit.

After Shawn's attack, Tuley said, Romeo's owner relinquished the dog to Animal Control.
Tuley requests a trial by jury in the lawsuit.

David Jones, attorney for the defendants, said he has not received a copy of the lawsuit and therefore could not comment on the case.

Suit filed in Rottweiler attack : Local News : Evansville Courier Press

[weshelman]

Bad/irresponsible owners will be the basis for irresponsible breed-specific legislation against us. Our Isabel is the sweetest girl in our neighborhood, but based on reports like this, it's hard to convince reactive, feel-good politicians that the responsibility os with the owner, not the dog.

[hokisteph5]

I read some of the comments at the link and also wonder why the owner was not named in the suit. The ultimate responsibility for a dog lies with its owner, not a city, a housing authority, or animal control.

[twomanydogs]

They are all responsible. Simply. If complaints were made about the dog.
The owner should have been made accountable. The dog secured/taken from the owner whatever...This is a situation that should never have happened.
The dog is only guilty of havind a bad owner and falling trhough the cracks of lazy local government.
Once again a child and probably the dog pays for ignorant lazy human beings.
All the humans except the child are responsible.