Wednesday, November 6, 2013

Staten Island woman allegedly mauled by pit bulls fights back with lawsuit

NEW YORK -- A 65-year-old woman whose arm was mangled when two pit bulls allegedly attacked her on a Dongan Hills street in the summer is fighting back with a lawsuit against the animals' owners.

Lucille Fundaro is still recovering from two surgeries, including agonizing skin grafts, her attorney said.

"It's an event that should have never happened," said Ms. Fundaro's lawyer, Anthony L. Ameduri of the West Brighton firm Ameduri, Galante, D'Agostino & Friscia. "It's outrageous. It's very painful when everything is ripped apart in your arm."


Ms. Fundaro, a New Dorp resident whose home was battered by Hurricane Sandy, seeks unspecified damages in the action, recently filed in state Supreme Court, St. George.

Dina Sugrue, the sister of one of the dogs' owners, fired back Tuesday, contending that pooch, named Champ, was not the aggressor, and that a friend's larger dog, named Tiger, had inflicted the worst damage.

"I understand she was bit, and my heart breaks for her, but get your story straight," said Ms. Sugrue, who, along with her brother, Vincent, are among the defendants named in the suit.

The incident occurred on Aug. 24 on Dumont Avenue, a quiet residential street, according to court papers and Advance reports.

In a hospital interview afterward, Ms. Fundaro told the Advance she was attending a barbecue on Dumont when she left to greet a friend across the street.

That's when she saw a pit bull charge at her, she said.

Ms. Fundaro said she stood her ground as the dog tore a thick chunk of flesh from the underside of her right forearm, exposing the bone. A second, smaller pit bull then came over and started nipping at her legs, she said.

The smaller dog then began sniffing a piece of her flesh, which the larger dog had ripped from her forearm and had dropped on the pavement, she said.

The smaller dog's actions distracted the larger dog, allowing her to escape and quite possibly saving her life, Ms. Fundaro told the Advance.

However, Ameduri, her lawyer, disputed that version on Tuesday, saying both dogs bit his client.
"They came out of nowhere, like two torpedoes, and attacked her," he said.

The dogs are identified in court papers as a brown pit bull or Bull Terrier named "Champ" and a white pit bull or Bull Terrier named "Murphy."

Ameduri said Champ was the larger of the two dogs.

Ms. Sugrue, who said her brother, Vincent, owns Champ, challenged that account.

She said Champ was the smaller dog, and the bigger dog's name is Tiger.

The pit bull, Tiger

Tiger, she said, belongs to Britney Novoa, with whom Ms. Sugrue and her five children were living on Dumont after Sandy slammed their Midland Beach home.

She said Murphy isn't a pit bull and wasn't present at the scene.

"This woman has switched her story so many times," Ms. Sugrue said, referring to Ms. Fundaro.

Ms. Sugrue, who was watching Champ, said she didn't let him out. An NYPD spokesman previously said it appeared the dogs ran loose from the backyard. No arrests were made or summonses issued to the owners.

Ms. Sugrue maintained Tiger, the larger dog, attacked Ms. Fundaro and bit her arm. She said Champ went to eat the flesh from Ms. Fundaro's arm which had fallen onto the ground. Champ's actions distracted the larger dog and allowed Ms. Fundaro to escape, she maintained.

Ms. Sugrue's brother, who's listed in court papers as Vincent Sugrue and Vincent Lopez, did not immediately return a phone message left with her.

Reached by phone Tuesday, a woman who acknowledged being Ms. Novoa said, "It wasn't my dog," when advised of the allegations in the lawsuit against her.

Ameduri, Ms. Fundaro's attorney, said the litigation will help sort out ownership issues.

The pit bull, Champ

After the incident, only one dog, Champ, was taken to the Animal Care and Control Center in Manhattan, where he was held for rabies observation.

Following a city Health Department probe, Champ was released to its owner, with the requirement that he be muzzled and have a microchip inserted, said Ameduri.

Ms. Sugrue confirmed the Health Department wants the dog muzzled.

(SILIVE - Nov 6, 2013)

No comments:

Post a Comment