Municipality Held Negligent in Dog Attack

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Defendants' motion to strike plaintiff's tort claims for injuries from dog bite was granted as to nuisance claims, for lack of intentional act, but denied as to negligence and recklessness, as ministerial duty lacked immunity. Defendant town and animal control officer moved to strike plaintiff's personal injury complaint for injuries sustained from dog bite while visiting friends in defendant town. Defendants alleged each of plaintiff's five counts for negligence, recklessness, and nuisance was insufficient as matter of law.

After plaintiff was attacked by a dog upon entering a home, she sued defendants, town and animal control officer, on claims of negligence,recklessness, and public and absolute nuisance. She claimed defendant town hired an unqualified animal control officer and defendant animal control officer negligently and recklessly failed to restrain and destroy the dog the previous year. She claimed defendants' negligence and reckless conduct resulted in a public and absolute nuisance. Defendants moved to strike her claims, arguing they were insufficient, asserting immunity as to negligence and recklessness, and the lack of exercise of a public right and intent as to the nuisance claims. The court denied the motion as to the negligence claims, as the alleged acts were non-immune ministerial duties rather than discretionary acts, but granted it as to the nuisance claims, which would have required some positive, intentional act by defendants. Defendants' motion to strike was granted as to the public nuisance and absolute nuisance counts but denied as to negligent hiring and retention, negligence, and recklessness. Lack of intent to create absolute nuisance, and lack of public right interfered with, were dispositive of nuisance claims.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Lemp v. Town of E. Granby, 2000 Conn. Super. LEXIS 2488 (Conn. Super. Ct. 2000)