Connecticut: Dueling lawsuits filed in 2013 Norwich pit bull attack on woman and her grandchildren

CONNECTICUT -- The 2013 attack on a Norwich woman and her two grandchildren by pit bulls owned by a neighbor has led to the filing of two lawsuits last week in New London Superior Court.

One of them – by the father of the children – seeks damages of at least $15,000 for physical and emotional trauma as a result of the incident while the other by the dogs’ owner, Sheri Speer, appeals an August decision by the state Department of Agriculture allowing the city to proceed with euthanizing the animals, which have been in its custody since October 2013.

In a 12-count suit, Marquice Downing said the Oct. 8, 2013, confrontation has left his children with permanent emotional and physical scars and accused Speer of being an irresponsible owner.

An inquiry prepared in November 2014 by Bruce Sherman, a hearing officer appointed by the state’s agriculture commissioner, describes a violent attack on Lisa Hall and two of her grandchildren, Marlena Downing, who was almost 5 at the time, and her brother Marquice Jr., who was 9 months old.

Hall was walking past the house at 151 Talman St., owned by Speer, when the dogs crossed the street toward them.

“One dog initiated an attack on 9-month-old Marquice Jr., knocking over a stroller with him in it and inflicting a wound over his eye,” Sherman wrote. “Marlena, in an effort to protect her brother, put her arm in between him and the attacking dog.”

Sherman said Marlena’s 4-year-old sister Audrena ran inside an apartment unit and was not injured.

“The dog that initiated the attack on Marquice … then attacked Marlena inflicting severe bite injuries that resulted in deep soft tissue injuries and a broken arm,” Sherman’s report says.

Speer was later charged with two counts each of dogs roaming at large, having unlicensed dogs and having nuisance dogs with a vicious disposition. She was also charged with one count of failing to get a required rabies vaccination for one of the dogs.

She also reportedly was uncooperative with authorities during their early investigation. Police and Animal Control Officer Michelle Lombardi said they were unable to determine which of the two dogs was responsible for attacking Hall and her grandchildren, and both were seized.

“The defendant created an inherently dangerous condition by failing to properly restrain, kennel and care for her dogs … Said actions were unreasonable and created a nuisance at large,” Downing's suit states. “As a result of the defendant’s actions, she allowed a dangerous nuisance to exist, causing permanent disabling injuries to the plaintiff.”

Randall Ortega, an attorney representing the Downings, could not be reached for comment Monday. The suit was filed Thursday in New London Superior Court.

On Sept. 21, Speer sued the state and Lombardi over the pending destruction order, asserting that when officers responded, they were unsure whether the dogs belonged to Speer and other pit bulls were known to have roamed the area.

The suit said Speer kept her dogs “in a fenced enclosure in her backyard home,” and a subsequent destruction order for Skyler and Dolly was done without further investigation about other dogs in the neighborhood.

“If her dogs are destroyed, the loss of companionship and emotional distress Ms. Speer would endure is indescribable. The sentimental value is overwhelming,” Speer’s attorney, Edward Bona, wrote in the suit. “Ms. Speer’s loss of companionship and enjoyment of having Skyler and Dolly cannot be redressed by monetary damages, or measured by pecuniary standards.”

Though she was uninjured, court filings said Audrena has “recurring nightmares and a fear of dogs” since the incident and “serious emotional effects, which will likely have permanent damaging psychological effects.”

Speer’s suit has an answer date of Oct. 27, while the Downings has a return date of Oct. 20.

(Norwich Bulletin - Sept 28, 2015)

Earlier:

• Owner Fights For Lives Of 2 Pit Bulls That Attacked Children