Saginaw County Circuit Judge Fred L. Borchard on Monday signed default judgments against Anthony D. Hunt and Shamorrow S. Amos, ordering them to pay Duane VanLanHam and Bridgetta Hadley for the March 5, 2009, attack outside of Hadley’s home in Saginaw.
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| Bridgetta Hadley and Duane E. VanLanHam |
“I hate to be a pessimist, but I don’t think (Hunt and Amos) are going to be coming into money anytime soon,” said William C. Harsha, the Farmington Hills attorney representing VanLanHam and Hadley.
VanLanHam, now 51, remains optimistic.
Harsha “said (we’ll) see what they’re going to do, that we’re going to have to wait,” VanLanHam said. “I’m keeping my fingers crossed.”
The fact that he and Hadley, now 43, likely won’t receive any money is disappointing, “but then again, I have faith. Something good will come out of it,” he said.
Hunt, 35, known by the nickname Poodle, and Amos, 27, were found in default, meaning they never responded to the lawsuit to defend themselves.
Hunt is imprisoned until 2015 for possessing the dogs that attacked Hadley and VanLanHam. Amos is on probation until 2013 for the same crime and receives disability payments from the federal Social Security Administration because, the administration states in court documents, she has “anxiety-related disorders and schizophrenic, paranoid, or other functional psychotic disorders.”
“I explained to them that we have a judgment against an individual,” Harsha said. “Collecting on it is different. They’re aware of the unlikeliness of collecting.”
‘It ain’t right’
Amos was living at 628 S. 23rd in Buena Vista Township, two houses north of VanLanHam’s house, when Hadley, who lived across the street from VanLanHam on the Saginaw side of the street, was attacked by three pit bulls as she walked to her car. VanLanHam came to Hadley’s aid and was able to get Hadley inside a nearby car, but the dogs then turned on him.
VanLanHam lost all five toes on his right foot and four fingers as a result of the attack. Several infections have hospitalized him. He says his health and his livelihood are “gradually getting OK.” In April 2010, he received the Carnegie Medal for civilian heroism from the Pittsburgh-based Carnegie Hero Fund Commission. He said then that he would it do it all again.
Witnesses testified during the criminal trial for Hunt and Amos that the dogs ran behind Amos’ home after the attack.
VanLanHam and Hadley also sued Eldred Rentals, the company that owned Amos’ home. Borchard in May dismissed the case against the company, ruling that “the landlord did not have a duty to protect third parties from injuries inflicted by a tenant’s pet that occur away from the leased premises.”
Borchard encouraged VanLanHam and Hadley to appeal, and Harsha said he plans to discuss an appeal with his clients soon. A victory against the company likely would be their only hope to actually receive money. They have until Aug. 8 to appeal.
The only other avenue for VanLanHam and Hadley to collect from Hunt and Amos would have been through restitution ordered after their criminal case, but the county Prosecutor’s Office did not pursue that avenue. County Assistant Prosecutor Norm Donker, who tried the case, said his office didn’t request restitution because of the pending civil case.
In an affadavit, Amos indicated she could not respond to the civil suit because of her “state of illiteracy coupled with my total understanding of matters borders on incompetency.”
“If there were ever two people that deserved compensation for their injuries, it’s Duane VanLanHam and Bridgetta Hadley,” Donker said. “(Hunt and Amos) don’t play by the normal rules that we normal folks live by, and that’s unfortunate. A default judgment — how responsible is that? Unfortunately, it doesn’t surprise me.”
VanLanHam said his medical insurance covered some of his costs, but he still has many bills to pay. If they decide against appealing, Monday’s judgment likely would be the last time they would have to appear in court about the attacks.
“It feels a little bit of a relief to me,” VanLanHam said. “It’d be better if something comes out of it.”
Harsha agreed, saying the victims also wanted to send a message to deter people from owning pit bulls.
“I’m sure it’s extremely frustrating,” he said. “They haven’t expressed that, but I know they’re disappointed. As am I.”
With a victory against Hunt, Amos, and the rental company, Harsha said he thought “word could get out that this type of behavior won’t be tolerated.”
“If you’re going to own a vicious animal such as a pit bull, you need to be aware of the consequences,” he said. “And if you’re going to be in the business of renting property, they need to make sure ... (the tenant’s) property is in a condition that it will contain these animals.”
“If they have (the pit bulls), they should keep them locked up,” VanLanHam said. “It ain’t right.”
(Saginaw News - July 22, 2011)
