Pit bull attack lawsuit settled out of court

OHIO -- A lawsuit stemming from a 2013 attack by two pit bulls has been settled out of court.

Retired auto worker Paul Aviles was walking his dog, a Jack Russell terrier named Scooter, in Battery Park in April 2013 when Scooter was attacked by two pit bulls owned by Rebecca Hush, 44, Sandusky.

According to a police report, Aviles was injured by the pit bulls while attempting to protect Scooter, who suffered serious injuries. A witness called police.

The police tasered one dog, which died at the scene, and captured the other. Hush was charged with a vicious dog count and with having dogs at large.

Aviles filed a lawsuit against Hush and Hush's mother, Carol Ann Franks, after unsuccessful efforts to obtain payment for his veterinary bills, doctor bills and other damages, according to his attorney, Sandusky lawyer John M. Felter. The lawsuit was filed only after several letters to the defendants weren't answered, Felter said. Hush lives with Franks, according to the lawsuit.

Felter announced Tuesday that the lawsuit had been settled, ending the court case.

"The terms of the settlement are confidential, but I can tell you that we got significantly more than Mr. Aviles’ monetary damages were, which included medical bills, veterinary bills, and personal property damage," Felter said.

The lawsuit had asked for $75,000 in damages and had sought additional punitive damages.
Collecting on the settlement won't be an issue, Felter said.

"Mr. Aviles was paid in full by Ms. Hush’s mother’s insurance company.  All of his medical bills and veterinary bills have been paid, and Mr. Aviles has been compensated for all out of pocket costs," Felter wrote in an email.

Felter said in an earlier interview that dog owners can be held liable if a dog attacks and injures someone.

"In Ohio, the law holds dog owners strictly liable for any damage done by their dog, whether they took precautions to secure the dog or not.  The statute is not breed specific, and holds all dog owners to the same standard.  If your dog gets out of your yard and hurts someone or damages someone’s property — whether it’s a pit-bull or a poodle — you’re going to be held responsible," Felter wrote in an email.

Last year, Hush pleaded no contest to one charge of vicious dog violation, and two counts of dog at large were dismissed. Sentencing has been postponed a couple of times. Sentencing currently is scheduled for 11 a.m. Thursday, according to the court clerk's office at Sandusky Municipal Court.

(Sandusky Register - June 2, 2015)