Showing posts with label lawsuit. Show all posts
Showing posts with label lawsuit. Show all posts

Monday, March 12, 2018

California: In court documents, celebrity sisters Kim and Kyle Richards arguing over whose fault it is that Kim's Pit Bull has repeatedly attacked people

CALIFORNIA -- It’s every Richards sister for themselves in a dog bite lawsuit where Kyle Richards is accusing Kim Richards of lying to her about getting rid of her pit bull after the dog attacked her daughter and others.

According to court documents obtained by The Blast, Kyle is demanding she be dismissed from a lawsuit filed by Kim’s former assistant and placing the blame for everything squarely on Kim.

Kim Richards and her Pit Bull Kingsley

Back in 2016, Paige Sanderson sued Kim and her sister Kyle over a pit bull attack. Sanderson claimed she went over to Kim’s home to dress for a “Real Housewives of Beverly Hills” promotional event.

Once she arrived at the condo and saw Kim’s pit bull Kingsley, Sanderson says she ran into the bathroom out of fear. Sanderson says Kim told her not to be worried and she came out of the bathroom … but then the dog attacked.

She claims Kingsley lunged at her, biting and holding on to her lower abdomen and crotch. The pit bull then tore off some of her clothes, Sanderson claims, and ripped out portions of her flesh.

Kim allegedly refused to call 911 unless her personal assistant told the responders that a stray dog bit her and not Kingsley.

Kay Rozario's injuries

Kyle was listed as a defendant because she owned the property where the attack took place.

Sanderson sued for unspecified damages for emotional distress and medical bills.

In the new filing, Kyle says the only reason she is named in the case is because she bought Kim the condo where the incident took place. Kyle claims she does not get paid rent by her sister.

 
 

She says Kim is free to live at the property as she pleases and has done so since she moved in there in December 2015. Kyle claims she has to obtain Kim’s permission before visiting the property.

Kyle points out that she was not present during the alleged dog attack. Further, she claims Kim never told her that Kingsley was living at the condo until she was sued by Sanderson.

Kyle says she did not permit or condone Kingsley being present at the home or living with Kim. She says she didn’t even visit her sister from the time she moved in until April 2016

She says she believed Kim had given away Kingsley in November 2014 because Kim told her the dog went to live with a trainer.

Kim's niece Alexia was hospitalized after
being attacked by her aunt Kim's Pit Bull

The reality star points out that Kim even said this on a “RHOBH” reunion special. The two allegedly did not have any conversations about Kingsley until Kyle was hit with the suit.

Kyle explains Kim’s dog bit her daughter Alexia which caused strife between them for some time, and understandably lead Kyle to believe her sister would not allow Kingsley back into her home.

She is asking the court to dismiss her completely from the lawsuit. The case is ongoing.

PIT BULL ALLOWED TO ATTACK AT LEAST FOUR PEOPLE
Kim has had a series of incidents with this Pit Bull: four people have claimed the dog attacked them, including Kyle’s daughter, Alexia, who was attacked and hospitalized in 2014.


Kay Rozario says she was in Kim's bedroom in March 2014 when she reached over the bed and Kingsley attacked her, biting through her hand all the way to the bone. The dog also went for her face but she blocked it with her arm, which was also injured.

Rozario told TMZ ... "Kim's first reaction was, 'Please don't tell anyone.  I'll lose my show'."

Paramedics came and wanted to call animal control, but Rozario talked them out of it and said Kim would handle it.

 
Kay Rozario's injuries

(The Blast - March 8, 2018)

Earlier:

Friday, January 12, 2018

Florida: Man sues woman claiming her Bobcat attacked him; wildlife officer shows up and finds just a regular housecat

FLORIDA -- Christine Lee wants the world to know she does not own a bobcat.

She spent much of Thursday fending off phone calls from friends and news reporters who had learned of a lawsuit alleging she does.

The civil complaint claims a bobcat attacked a contractor who entered her home on the 18th floor of the Skypoint Condominiums in downtown Tampa.


That man, Marcos Hernandez, is suing Lee and the Skypoint Condominium Association for unspecified damages he says he suffered as a result of a creature clawing his arms, according to court and police records.

But the feline in question is not a bobcat, Lee demonstrated Thursday. Rather, Calli is a domestic long-haired cat with a fluffy mane of black, brown, blond and gray.

"How he could even think this was a bobcat, I don’t know," Lee said as she cuddled Calli. "He must not know cats."


Calli was a kitten when Lee rescued her from a salvage yard in Georgia about four years ago. She lives with Lee, her husband, Rex, and a black cat named Max.

*  *  *  *  *  *

The incident at the center of Hernandez’s civil complaint happened May 16. Hernandez visited the apartment to conduct a scheduled fire safety inspection, Lee said. He arrived about noon, earlier than she expected.

"All I know is he was in here alone and he must have startled her," Lee said.

Upon entering, Hernandez was scratched, he reported. Tampa police records state that he was bleeding and was taken to Tampa General Hospital.

Lee arrived home at 12:40 p.m., after Hernandez had left, she said.


Calli was near the front door. Max, who also looks nothing like a bobcat, was in a bedroom.

Condo rules require owners to be present when an inspection is conducted or cage their animals, Lee said. But she said she didn’t expect the inspection to occur until late afternoon. She was surprised upon her return to learn that Calli had attacked the man.

The next day, an employee with Hillsborough County’s Pet Resource Center visited and photographed Calli. Lee was cited for not having Calli’s rabies certification readily available, but she later produced it.

That was the end of it. Until the lawsuit.


A flurry of media reports Thursday brought Lee to tears. Calli hissed at a reporter who came to visit.

"I’m agitated, and she’s agitated," Lee said.

Among her visitors Thursday were officials with the Florida Fish and Wildlife Conservation Commission. A spokeswoman confirmed the agency was looking into the matter. Lee said they would put out a statement.

 

"They were like, ‘Really?’?" she said. "I said ‘You’re welcome to investigate the premises and see that I don’t have a bobcat.’"

Lee doesn’t know what to make of the lawsuit. She has yet to hire a lawyer.

"It’s not a wild animal," she said. "It’s just a cat."


She's lucky her cats didn't end up dead. This guy could've gotten mad, chased them around the condo, stomped them, beat them and killed them. 

If possible, never let anyone in your home when you're not home. And even when you're home, keep your pets closed off in a separate room until that person is gone. Of course, meter readers usually come during the day when everyone is at work so there's always a risk if your pets are where the meter is located... 



Texas: Homeowner calling for changes after Entergy worker pepper sprays her dogs



Iowa: Woman says repairman beat her small Poodle mix; prosecutors refuse to file animal cruelty charges




Texas: CenterPoint worker caught on tape taunting, then beating customers' dogs



North Carolina: Plumber is fired from PF Plumbing for viciously kicking client's dog in the face, but what about the coworker who saw it and never told his employer what this guy had done???



Texas: Entergy utilities employee caught on camera pepper spraying small dog


(Tampa Bay Times - January 4, 2018)

Saturday, January 6, 2018

(December 2017) Connecticut: Owner of aggressive American Bulldog ordered to wear muzzle when in public claims it's too stressful for his autistic son

CONNECTICUT -- Tensions are running high after a resident on Friday took to Facebook to question the muzzling of a dog that its owner CLAIMS "comforts his autistic son".

Steven Frischling’s post on the Niantic Beach Bums page details a May incident in which an American Bulldog named Sally got loose from 5 Wildwood Drive, where Frischling’s ex-girlfriend Susannah Seefeldt lives. The post has garnered more than 200 comments.


The post fails to describe an earlier April event in which Sally allegedly left a dog walker and another dog with moderate to serious injuries.

Because the May incident was the second time Sally had been cited as a nuisance dog, the animal control officer issued a muzzle order for Sally. The officer additionally charged Frischling’s ex-partner, Susannah Seefeldt, with misdemeanor owning a nuisance dog.

Frischling, the subject of an ongoing civil suit regarding the April case, is calling on the town to overturn its order to muzzle Sally. He said the dog used to comfort his son on walks along the beach or even from the house to the bus. Now his son has horrific fits at the sight of Sally in a muzzle.

“I’m not asking for anything hard here,” Frischling said Wednesday. “Just basic common sense.”

Police Chief Mike Finkelstein, who was not the chief when either incident occurred, said the town is working with the State’s Attorney’s Office and the court on the case.


While the court nolled, or opted not to prosecute, Seefeldt’s charge, the judge also warned removal of the muzzle could lead to arrest.

The key, Finkelstein said, is to determine whether the judge issued a new order or simply reminded the defendants of the animal control officer’s order. Town officials would be reticent to overstep a judge’s order, he explained.

The town has asked for a transcript of the appearance.

April 6, 2017

According to a police document, a UPS driver on April 6 reported one dog had attacked a woman and another dog near 26 Old Black Point Road. On arrival, police said they spoke with three witnesses, two of whom said they fought off a black-and-white pit bull and watched it run to 5 Wildwood Drive.

Police said the black-and-white dog had dragged the woman, injuring her shoulder and leaving cuts on her elbow and hand. The aggressor also tore a large chunk of skin from the neck area of the victim dog, they said. Photos of the small dog show extensive amounts of blood.

Frischling said he was using the restroom that day when his son opened the door, allowing the dog to slip out. He was issued infractions for allowing a dog to roam and owning a nuisance dog. The dog additionally was quarantined for 14 days.

Frischling said Wednesday he believes Sally wasn’t involved in the attack — he took photos of her shortly after it occurred and saw no blood on her white face.

He also said he doesn’t know why he was issued the infractions when it’s his ex-wife’s dog.

Records list Sally as a black-and-white American Bulldog that was licensed to Frischling at the time of the incident. The breed is sometimes considered to be of the pit bull type, though that’s the subject of much debate [mostly from people who claim "there is no such thing as a pit bull!" All bully breeds are Pit Bulls and they all have been bred to have a propensity for sudden, unprovoked violence].

According to the town clerk’s office, Sally is no longer licensed; the dog was put in Seefeldt’s name in October, but the check bounced and another never was provided.


Civil suit

Two women in June launched a civil suit against Frischling in response to the April incident: Anne Rudge-Pinkham, the 91-year-old owner of the attacked dog, and Tammie Schenking, who was walking the dog that day.

The suit alleges Schenking sustained injuries to her neck, shoulders, ribs, left leg, right elbow and vocal cords, all of which required medical care. It further states Rudge-Pinkham’s dog had to undergo surgery because of its injuries.

The suit seeks $15,000 in damages.

Can you imagine this dog running towards you, barking, 
growling and trying to attack you and your pets?

Records show Frischling in September asked the court to dismiss the case because he doesn’t own Sally or live at 5 Wildwood Drive. The judge denied Frischling’s motion.

In November, the plaintiffs moved to have Seefeldt added as a defendant. The judge granted that motion.

The case is ongoing.

Click here to read the document filed regarding the lawsuit.


May 3, 2017

Police on May 3 returned to 5 Wildwood Drive, this time because Sally had pulled the spiral stake she was tethered to out of the ground.

Why is a known-to-be-aggressive large American Bulldog being 'staked' in the ground in the yard and left unatttended? The very fact that they thought this was a good idea -- right after the first attack -- tells you a lot about them.

According to a police report, Sally ran toward a woman walking her dog in front of the home, causing the woman to fall. Seefeldt, outside at the time, ran over and regained control of Sally.

According to the report, the woman initially said she didn’t believe her dog was hurt in the incident, but later reported having found a small laceration under its collar.

The police file shows Seefeldt in the past had spoken to the woman "about Sally and her issues with small dogs."

Frischling on Wednesday took issue with the photos police had on file for the incident, which were not taken by officers. There’s no timestamp, no frame of reference and, Frischling said, no way to know for sure the mark came from Sally.

Finkelstein said his department has since changed policies to ensure officers take quality photos at each incident.

All they had to do was document who claims to have taken the photo and when they received it. That person would be required to come to court to be sworn in as a witness to testify that they are the one who took the photo on X date. This person is opening themselves up to perjury charges if they are lying. Frischling is grasping at straws, thinking this is some conspiracy with doctored photos.


Frischling also said he’s wondering why his dog got a muzzle for its second nuisance incident when no bite occurred.

According to state statutes, a dog can be a nuisance “by reason of vicious disposition or excessive barking or other disturbance.” In other words, a biting incident isn’t a prerequisite.

The response

Hundreds of people reacted to Frischling’s Facebook post. Many called on the town to revoke the muzzle order so Frischling's child could find some peace. Some of those commenters didn’t appear to be aware of the April incident that preceded May’s.

Others questioned Frischling’s use of a community forum for a personal issue, especially when his civil suit is ongoing.

Frischling said he tried to seek mediation with the town through a third party, but was denied the option. The town attorney, without the paperwork at his disposal, declined to comment on the reason mediation was denied.


First Selectman Mark Nickerson also declined to comment on the case.

"We go through these processes to make sure we're doing everything we can to keep everybody safe," Finkelstein said.

Frischling stressed he has no ill will toward the town and doesn’t intend to sue it.

“I just want what’s best for my kid,” he said.

In this case, Steven Frischling has been ordered to keep his vicious American Bulldog muzzled whenever it's out in public. Steven Frischling claims his autistic son has tantrums, outbursts and pokes his own ears until they bleed --- simply at the sight of their dog wearing this muzzle.

People with autism do have challenges. However, change is a part of life. 



Steven Frischling's son will have to deal with change when they move homes, when one of his parents change jobs and time schedules, if his parents have a new baby, when they purchase a new car and swap out the old one, when he has to change schools, when they go to a new restaurant, when they go to a new city/state on vacation, when someone passes away. He'll certainly have to adjust to change when this American Bulldog eventually dies. 

So Steven Frischling's argument about this dog being muzzled is not winning me over. The dog is not required to have a muzzle on when its inside its own home with the family. 



The muzzle protects everyone else from Steven Frischling's dog, which has shown itself to be unpredictable, aggressive and willing to attack - not just other animals but human beings as well.


 

(The Day - December 28, 2017)

Sunday, December 31, 2017

Massachusetts: Pit Bull mix that attacked PetSmart groomer had previously attacked an elderly woman, BREAKING HER ARM - yet Police Chief Peter Wack refused to order the dog euthanized. I smell a lawsuit coming!

MASSACHUSETTS -- Days after a dog groomer at a Cape Cod PetSmart store was mauled by a pit bull mix, the survivor of an earlier attack is speaking out.

Bubba, a pit bull owned by Clifford Gardner, 80, and his wife Edith Gardner, attacked the 22-year-old woman who was grooming him Wednesday at the store in the Hyannis section of Barnstable, Massachusetts. She was hospitalized.

 
 

What's completely infuriating is that this Pit Bull has been menacing, attacking and mauling people and their pets for years. The owners refused to do anything about it, even blaming the victims themselves for being attacked. Neighbors didn't want it in their neighborhood, but didn't have the guts to tell councilmen they wanted it put down. Instead they whined about rehoming and rehabilitation. Animal Control officers refused to do their jobs from the get-go; leaving the vicious dog with the elderly owners because they felt sorry for them. 

It's like a row of dominoes; every single person had a hand in this woman being mauled by this pit bull and should share in the blame.

 
 

In September, Elizabeth Hiatt volunteered to walk the 100-pound Pit Bull for the Gardners [after they convinced her he could only 'lick you to death'], but when Bubba tried to break free and attack another dog, she tried to stop it.

Bubba turned on her.

"He broke both of the arm bones," Hiatt said. "It bit through both of the arm bones."

The road to recovery has not been easy for Hiatt. She attends physical therapy three times a week.

Cliff Gardner and Edith Gardner were ordered to keep the pit bull away from certain areas in Sandwhich. But Wednesday, Cliff Gardner brought Bubba into the Hyannis PetSmart wearing a muzzle, asking for him to be groomed.

The victim says she asked about the muzzle, and that Cliff Gardner said the dog had previously attacked another dog, but was "sweet as can be."

 

Gardner disputes this account.

"When she asked me what he was doing with the muzzle on, I said 'The chief of police requires him to wear the muzzle because he got in a dog fight and he bit a woman," Cliff Gardner claims he said when he spoke to NBC Boston Thursday.

Store policy required the muzzle to be removed. PetSmart says the dog would never have been allowed in for services if they knew of his history.

The groomer sustained severe wounds to her arm, wrist and upper body after being attacked by Gardner's Pit Bull.

Hiatt explained that the attack of PetSmart made her feel "Horror, knowing what she went through, and the fact that they couldn't get Bubba off of her. Horror, because at that point, you don't know whether you're going to live or not."

 
 

While Hiatt has forgiven the owner of the dog [she shouldn't; they're in complete denial], her daughter says this week's attack did not have to happen.

"It's just crazy that it happened again," Regan Sherman said. "What happened to my mom was preventable, but certainly what happened to this young woman at PetSmart, it just shouldn’t have happened."

Brittany Korsh, who tried to pull Bubba off her mother during the Sept. 5 attack on Deep Wood Drive in Forestdale, said via email that she was "heartbroken" for the PetSmart employee, who was airlifted to Brigham and Women's Hospital in Boston with multiple bite wounds.

"This should never have happened," Korsh wrote.

Barnstable police Sgt. Sean Sweeney identified the PetSmart employee as 22-year-old Sienna Bryden.

"The dog wouldn't let go. She has a long road to recovery," Sweeney said Friday.







SANDWICH POLICE CHIEF PETER WACK COULD HAVE ORDERED THE DOG EUTHANIZED BACK IN OCTOBER, BUT HE REFUSED. WOULD HE HAVE LIKED TO HAVE HIS CHILDREN LIVING NEXT TO THIS VICIOUS DOG? OF COURSE NOT. BUT  IT'S OK FOR YOUR CHILDREN TO BE IN DANGER.

Korsh criticized the Gardners for keeping the dog and Sandwich Police Chief Peter Wack for allowing Bubba to remain at home after he declared the dog dangerous following an Oct. 25 hearing.

Wack ordered Bubba to be muzzled and securely leashed whenever he was outside and off the Cliffords' property.

"Cliff's reckless disregard for the safety of others, as well as Chief Wack's decision to leave Bubba in his care, have resulted in another person being mauled by this animal," Korsh said.


From Animals24-7:
Facebook postings indicate that groomer Sienna Bryden,  of Dennis,  Massachusetts,  has two pit bulls herself,  and has been involved in pit bull advocacy at least since 2011.

Approximately “2 years ago,”  according to Change.org,  Bryden posted a petition “to get my dog Blu allowed back onto Sandy Neck,”  a Cape Cod beach.

Alleged Bryden,  “He got kicked off because he barked and jumped on a park ranger- period.  He did not bite the ranger––and he was on his leash as required by law,”  Bryden claimed.

“I am a responsible animal owner,”  Bryden asserted.  “I work in the pet care field and deal with animals on a regular basis.  I understand the nature of animals.”
You see how she minimizes it? That because the ranger wasn't mauled or bitten, IT'S NO BIG DEAL. Sorry, but that's not how it works. A dog that menaces is just a frightening as a dog that bites. She could not control her Pit Bull which is a requirement when walking it on a leash.

Meanwhile, the long drawn out saga involving Edith and Cliff Gardner, their neighbors and their vicious Pit Bull finally came to an end Friday morning when the dog was finally euthanized.

VIDEO NEWS CLIP:


(NECN - Dec 29, 2017)

Earlier:

Sunday, December 24, 2017

Washington: Couple sues wildlife officials for taking pet raccoon

WASHINGTON -- A West Seattle couple is suing the Washington Department of Fish and Wildlife for seizing their pet raccoon.

"She's part of our family. She doesn't know any different. Since her eyes were open we have been her mom and dad," Kellie Greer said.


Kellie and her husband, Chris, started caring for Mae as a newborn. Kellie found her at a park with her eyes still closed, smaller than the size of her fist. She saw a dead adult raccoon nearby and assumed that was the baby's mother.

The couple tried calling all available wildlife rehab centers, but to no avail. No one would take Mae. According to the lawsuit, Wolftown on Vashon Island agreed to let the couple become a "sub-permitee" if they agreed to follow rules like keeping Mae on a leash when outside and building an outdoor enclosure.

However, Wolftown closed a few years ago and that means the permit is no longer valid.

It's been seven years, and Mae is now part of the family. She is potty-trained with a litter box, walks on leash, has a special hammock outside and even goes camping with the Greers. The couple has also been taking the raccoon to an exotic animal vet in Bothell for the last seven years, sometimes twice a year.


"You have to fill the bath tub so she can play with water and her toys. The cat won't jump in the bathtub. Mae needs that," Chris said.

The couple says they never knew they were doing anything wrong. They never tried to hide Mae who became a part of their neighborhood. They also crossed paths many times with law enforcement and never received any complaints, they say.

"For most every time the Greers went camping with Mae during white-tailed deer season in October/November from 2010 through 2016, inclusive, WDFW game wardens observed the Greers with Mae when asking them to produce tags for fish and wildlife taken during those trips.

Instead of citing, threatening to cite, warning, or otherwise admonishing the Greers against keeping her, the wardens fawned over her, took pictures with her, and, thus, encouraged the Greers to continue keeping the clearly tamed and human-friendly raccoon.


When at the campground, Mae was in a harness and always under control, never constituting a nuisance," the lawsuit reads.

A recent camping trip changed everything.

A WDFW officer spotted Mae and took information from the Greers. Then last Sunday, another officer showed up at their West Seattle home and took Mae.

"I thought he was there to investigate. I never thought he would take her," Kellie cried. "I'm supposed to work 10 to 5 and I've been working 9 to 8 because I don't want to be at home. She is so much a part of my life. I get up in the morning and kiss her and scratch her head."

 
 

WDFW found a rehab center in Quilcene to take Mae as an education animal, but the couple's attorney argues the Greers have a legal right to keep Mae. She's no longer wild, they say, and after seven years the Greers own her.

WDFW sent KING the following statement:

"On November 26th, a WDFW Enforcement officer seized a raccoon from Mr. and Mrs. Greer as it is illegal for the public to possess live wildlife in Washington without a valid permit. The raccoon was transported to a wildlife rehabilitation center where it received medical care and was held until today, when it was transported to another rehabilitation center and will be held under their permit for education purposes.

"While we understand that the family is upset by the loss, the department has no permit that would allow for the personal possession of wildlife as a pet, so we are therefore pleased that have been able to locate a rehabilitation center that is willing to hold the animal.

"An attorney for the Greer family has filed a complaint for declaratory and injunctive release against the state, seeking the return of the raccoon to the family. Because of the lawsuit, the department is unable to provide any further comment at this time."

The raccoon's seizure comes just a couple weeks after three fawns and an elk calf were taken from a Rochester wildlife rehab and killed, sparking a mass public outcry.

In that case, the animals were scheduled for release in the spring but WDFW said the animals were too habituated to humans. For the Greers, Mae belongs at home with them.


"I feel like I failed her. I've provided care her entire life," Kellie said.

"She's imprinted on us. She's part of our family and her pack is at home," Chris added.

The Greers have set up a fundraising page to help bring Mae home.


YouCaring: Bring Mae Home
For: Mae, Kellie, and Chris Greer
Seattle, WA
Organizer: Adam Karp
$3,000 of $5,000 goal. Raised by 87 donors

Kellie and Chris Greer of West Seattle filed suit against the State of Washington and Washington Department of Fish and Wildlife in the Thurston County Superior Court, No. 17-2-06464-34, seeking the return of Mae, an orphaned raccoon they saved in 2010 and with whom she has lived for over seven years only to be seized by WDFW on November 26, 2017. To read the Complaint and other filings as they unfold in the civil litigation, go to www.facebook.com/groups/bringmaehome.

To assist with the litigative efforts, donations are sought. However, they are not tax deductible, not refundable, and provide no right to information about, or to control, the case. Nor do they create an attorney-client relationship. However, the pleadings are public record and may be shared on the Bring Mae Home page.

Your donation will help the Greers in their legal efforts to bring Mae home. Funds will aid in paying litigation expenses, such as filing fees, service fees, depositions, expert fees, and attorney's fees. We are ever so grateful for your compassion.

Unused funds will be donated to a 501c3 animal-related nonprofit(s) in the discretion of Adam P. Karp.


(WTSP - Dec 9, 2017)

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