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Friday, August 29, 2008


Owner of Mauled Yorkie Sues Pit Bull Owner for $250,000

Pit Bull Kills Yorkie
New York, NY - After a pit bull named Spike mauled a Yorkie to death, the terrier's owner is seeking a quarter million dollars in compensation. Sandy Lee is suing Spike's owner after her beloved 3-pound dog, Dior, was torn up back in April. "The pit bull was huge and you could see the intensity in its eyes," Lee said. "It was coming for a kill."

The attack happened when Spike broke free from his leash and pounced on the little dog. The attack left Dior with multiple skull fractures and puncture wounds to the neck while Lee, 33, suffered bites to her hand and arm. She said, "The pit bull just grabbed Dior by the neck and didn't let go until it killed him." She then filed a suit against Spike's owner, Sommer Marcy.

The suit charges that the owner should have known that the dog is "ferocious, vicious, and accustomed to attacking and biting mankind." The suit also targets the woman who was walking Spike for not muzzling him or keeping him on a "proper leash." Lee's lawyer, Mark Bastian said, "The person walking the dog didn't do anything as my client and her dog were getting mauled."
Note the charge: "accustomed to attacking and biting mankind."
Bastian added that Spike was returned to Marcy 10 days after the attack. The city Health Department could not confirm the incident. Lee, a Manhattan executive, had named Dior after Christian Dior, her favorite designer. "Dior was my companion, my roommate and my baby," she said. "I can't express how much it hurts to have witnessed this and to be able to do nothing about it."

The suit seeks $250,000 in damages, and Lee has pledged to donate the money she may earn from the case to a Long Island animal rescue center. She also hopes the suit encourages owners of larger dogs to be more cautious in the presence of smaller pets. "I want justice," Lee said. "I'm fighting for the little ones, like Dior, who can't fight for themselves."

Civil lawsuits continue to grow fatter in cases of dog attacks on pets. But why aren't pit bull and other "animal aggressive" dog owners charged with animal cruelty after their dog kills another animal? Dior suffered a violent death to a dog selectively bred for animal aggression; a behavior far different than predation.

Related articles:
08/25/08: Man Saves Dog Attacked by Pit Bull Exiting Groomer
07/20/08: Pit Bulls Continue to Maul Pets at Alarming Rate
06/15/08: Human Legal Issues Overlap with Animal Legal Issues

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7 comments:

Anonymous Anonymous  |  8/29/2008 2:53 AM  |  Flag  
ALL DOGS ARE EQUAL...that's what pit bull owners and groups like the ASPCA will have you believe. But we are shown time and again that dogs are not equal. Pit bulls kill more dogs than all other dog breeds combined. Then they get returned to their owner, so they can attack and kill again. Pit bulls have far more rights than nearly all other breeds. They have the right to kill other animals (multiple times in many cities) and still remain alive. This is NOT dog equality.

Anonymous mrs.Poodle  |  8/29/2008 8:37 AM  |  Flag  
"But why aren't pit bull and other "animal aggressive" dog owners charged with animal cruelty after their dog kills another animal?"
I was asking myself the same question yesterday after reading about the owner of a dobermann being charged with animal cruelty after watching his dog rip a cat to pieces and doing nothing about it.
Why don't dog owners file these charges after their dog is ripped to pieces and the owner did nothing to stop it? Because that's what they do: nothing!

Anonymous Anonymous  |  8/29/2008 11:31 AM  |  Flag  
I hope this victim gets every penny of their litigious pursuit. We repeatedly hear pit bull advocates refer to their dogs as their babies, their family members, so they should have no trouble understanding the value of someone else's dog to them and their families.

These incidences are not just dog fights – errant skirmishes of domestics in unintended proximity. This is about possession of a dog bred to attack and kill other dogs. When this happens, it is not an accident, but a crime with malice aforethought. The pit bull owner should be held accountable for the despicable viciousness of their dog, in terms of both civil liability and criminal prosecution.

Finally, this pit bull should not have been returned to the owner. There is not even a modicum of fairness or justice about this decision, and not an ounce of foresight to prevent another catastrophe, particularly where malice and irresponsibility has already been demonstrated in extreme form.

Anonymous Anonymous  |  8/29/2008 1:28 PM  |  Flag  
I agree with the above posters....when a pit bull owner stands there wringing their hands while their dog rips another animal to shreds, they should be charged with felony animal cruelty. If dog fighting is a felony, then how can allowing your dog to maul another dog OUTSIDE of a fighting pit go unpunished?

Are there any victims who have lost beloved pets out there to pit bull attacks courageous or angry enough to confront the ASPCA over this? Why can't a victim report an attack on their pet as felony animal abuse? How is it any different than the thug who tosses a kitten to his pit bull to watch it be killed? I am just curious if any victims out there have even tried this.

I would like to see someone demand a position statement from the animal welfare organizations regarding the animal victims of pit bulls...shouldn't all owners of pit bulls who maul other animals be automatically charged with animal cruelty? If not, why not? What if the pit owner does not intervene to help the victim?

Anonymous Anonymous  |  8/30/2008 4:34 AM  |  Flag  
It wouldn't surpise me if dog industry lawyers show up pro bono to argue for the defendant on this...If forethought of malice becomes tied to breed choice, the whole aggro dog industry gets turned upside down.

Anonymous Anonymous  |  9/01/2008 4:52 PM  |  Flag  
Huskies getting euthanized for killing neighbors dog - Just one more indicator that people are growing less tolerant of "animal killing" dogs.

Blogger Ashley  |  10/02/2008 2:15 PM  |  Flag  
Our neighbor's pitbull jumped over our fence last night and killed my precious baby boy Kramer. I had to watch this horrific scene. I live in North Carolina and am desperately wanting advice on what I need to do to sue these people. Please help.

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