“I couldn’t believe it,” said Steve Baker, Bailey’s owner. “Everyone was telling me to sue her, but I decided not to because it won’t bring Bailey back.”
Justice had already been served since the tragedy, he said.
“The police took the action I wanted and declared those dogs dangerous and awareness was raised; so I decided to let it go,” Baker said. “Now they’re suing me for $1 million — I just can’t believe it.”
Getting served with a lawsuit was a complete shock, he said.
Baker and his wife were served Wednesday with the lawsuit, filed in the 405th District Court, at their home, the same place where their dog was “shaken like a rag doll” by their neighbor’s four pit bulls Oct. 27.
Multiple calls made by The Daily News to White’s attorney, Paul LaValle, were not returned Friday.
Court documents state that White said she suffered “multiple serious bite and scratch-type injuries requiring ongoing medical treatment.” She also alleges feeling “conscious pain and suffering and now suffers also from fear anxiety and trepidation” as a result of the “unprovoked attack.”
Baker said his dog, Bailey, had been nothing but a loyal companion to his family who had been around his two daughters since they were babies.
White also alleges in the lawsuit that the Bakers failed to confine and restrict Bailey in a secure enclosure.
Not long before the incident, Baker had worked to replace parts of the fence to be more secure and safe for his dog and family.
Baker said that before the incident, he had spoken with his neighbor about repairing his part of the fence, but never had any response.
Each of the dogs must be registered with the city annually as a dangerous dog. The owners must post a sign in their yard alerting residents of their dangerous dogs and the owners must also have a $100,000 liability on the dogs, police have said.
PDF file of lawsuit paperwork:
Emerald H. White entered upon said premises for the purpose of retrieving her pet dogs. Defendants’ dog entered and/or attempted to enter Plaintiff’s premises through a hole in the mutual fence separating the two respective properties. Plaintiff’s dogs then chased Defendants’ dog back through the fence onto Defendant’s property.
When Plaintiff entered Defendants’ property to retrieve her dogs, Plaintiff was unexpectedly and viciously attacked by Defendants’ dog. Plaintiff suffered multiple serious bite and scratch type injuries requiring ongoing medical treatment. Plaintiff felt conscious pain and suffering and now suffers also from fear, anxiety and trepidation. At the time of the attack, Plaintiffs’ dogs attempted to protect Plaintiff and repel the unprovoked attack.
At all times relevant herein, Defendant, Defendant's agents and employees, kept an animal, to wit: a beagle dog.
During the time that Emerald H. White was upon Defendant's property, Emerald H. White was seriously injured as a result of an attack by Defendant's dog. This animal has vicious and dangerous propensities abnormal to its class due to its nature and previous disposition towards persons on Defendant's property of which Defendant knew or had reason to know. The attack of this animal resulted in injuries to Emerald H. White.
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