Issuing one of the first court verdicts to weigh a conflict between the right of a legally disabled person to keep a companion animal and the duty of landlords to protect tenants from dangerous dogs, U.S. District Judge William Alsup ruled on August 8, 2002 that the San Francisco landlord of Guy Lowe, 38, met the requirements of federal law and the California Fair Employment and Housing Commission by allowing legally disabled persons to keep small dogs, and that Lowe, whose claimed disability is severe depression, acted unreasonably in demanding to keep a pit bull terrier. "The potentially catastrophic consequences of a pit bull attack must be considered, even if the risk of that attack is remote," Judge Alsup wrote.
The Board of Supervisors in Tehama County, California, on August 20 rejected a wrongful death claim by Antonio and Laura Novach, parents of Genoe Novach, age 6, who was killed on February 7 by three Rottweiler/pug mixes who had escaped from the yard of retired Red Bluff police officer Charles Schneider. The Novach family contends that the county negligently ignored neighborhood complaints about the dogs. The supervisors' action allows the family to proceed with a lawsuit.
Mauled in Brookfield, Connecticut, by a neighbor's 110-pound bull mastiff, Dawson Stout, age three, in July 2002 won an out-of-court damage award of $902,400. Malcolm Piper, however, who was six when severely mauled by a neighbor's 125-pound English mastiff in Waco, Texas, won a settlement of just $330,000 a month later in an otherwise very similar case.
A jury in Pierce County, Wash-ington, on July 24 ordered building contractor George Stegmeier, his wife Virginia, and his sons Jonathan and Aaron, all of Tacoma, to pay $1.34 million to realtor and musical booking agent Mary Kay Moisio, 66, for knee injuries Moisio suffered in 1999 when knocked down by Jonathan Stegmeier's Rottweiler. Moisio was showing a home under construction by George Stegmeier, whose sons were living at the site. The Rottweiler was tethered at a length that enabled her to reach the driveway, where the incident occurred. The Stegmeiers reportedly filed immediately for a reduction of the award and a new trial.
The Kentucky Court of Appeals ruled on July 12 that dog groomer Kathy Jordan, as temporary custodian of a chow belonging to Kevin Lusby, could not sue Lusby for a facial bite in absence of any specific evidence that Lusby knew the dog was vicious and misled her about the risk. Wrote Judge Julia Tackett, for a three-judge panel, "When Jordan accepted the dog for grooming, she assumed the risk of being bitten. 'Owner' in this case does not simply mean a person with a property interest in the dog. The statute does not make a distinction between the legal owner or a second party owner; we see no reason to create one here."
Marie Kessler, 33, of Lake Wales, Florida, on August 22 drew two years on probation after pleading guilty to owning a dangerous dog who caused severe injury or death. The felony conviction will be reduced to a misdemeanor if Kessler completes probation. Steven Avery Coleman, 39, of Waverly, Florida, is scheduled for trial in September on the same charge. Kessler owned a 50-pound pit bull mix named Roscoe who was declared dangerous after biting an 11-year-old boy in June 2001. Coleman took Roscoe, but in August 2001 the dog escaped from Coleman's yard and mauled Summer Henson, age 2, who was hospitalized for nine days. Her father, Dale Henson, shot Roscoe but failed to kill him. Coleman then shot Roscoe dead.
Attorney Marjorie Knoller, 47, convicted of allowing two Presa Canario dogs to escape from her control and kill neighbor Diane Whipple, 33, in January 2001, on July 15 drew the four-year maximum sentence for manslaughter from San Francisco Superior Court Judge James Warrenthe same penalty that Warren earlier imposed on Knoller's husband, fellow attorney Robert Noel. With credit for time served and time off for good behavior, both are expected to spend about one more year in custody. Warren on June 17 voided the March 21 jury conviction of Knoller for second degree murder.
As the Knoller sentence was pending, former pit bull terrier owners Carl and Kim Smith of Cagelsville, Arkansas, were charged with manslaughter for the death of Carolyn Joann Shatswell, 50, of Scottsville, whose mauled body the Smiths found in woods near their home in October 2001.
Circuit Court Judge John Brady of Juneau County, Wisconsin, on August 20 refused a defense motion to dismiss three felony counts of being party to homicide and first degree reckless endangerment brought against Wayne Hardy, 24, whose six Rottweilers killed Alicia Lynn Clark, 10, in February 2002. Hardy's companion Shanda McCracken, 32, faces the same charges. No trial date has been set. McCracken could get up to 38 years in prison if convicted of all charges. Hardy could get 72 years because he has a prior felony conviction.
Christopher Fettes, 21, of Springfield, Massachusetts, on August 12 drew six months in jail, with two years suspended and three years on probation, for unleashing his pit bull terrier against his cousin's 65-year-old landlady in June 2001. Fettes was also ordered to pay restitution of $1,193, perform 200 hours of community service, apologize in writing to the victim, and undergo anger management counseling.
Mary Graham, 49, of Huntington Station, New York, was charged with reckless endangerment and misdemeanor assault on July 15 after her three allegedly free-running pit bull terriers mauled a leashed Siberian husky belonging to Richard Robbins, 44, of Melville, N.Y., and then severely bit Robbins, who bit back. Police Lieutenant Kenneth Fasano told Long Island Newsday that Graham knew her dogs were potentially dangerous when she unleashed them at the Birchwood Elementary School in Melville for a Saturday morning run. Although July 15 was not a school day, the schoolyard is heavily used by neighbors for recreational activities.
Ottumwa, Iowa police sergeant Mike Tupper announced on August 28 that no charges would be filed against Richard and Darcy Shepherd in connection with the August 27 fatal mauling of their youngest of three children, CharLee, 21 months, by their two pit bull terriers. The Ottumwa health department, however, ruled the Shepherd house unfit to live in pending completion of 26 specific repairs to the wiring and plumbing.