$85,000 awarded in Michigan dog bite suit

By Dennis Pelham -- Daily Telegram Staff Writer

October 19^th, 2004

ADRIAN -- An $85,000 award was approved Monday in Lenawee County Circuit Court to settle a lawsuit by a man who was mauled by a pit bull terrier while delivering newspapers on Adrian's East Side.

The settlement was agreed to by attorneys for victim Lawrence Pena and dog owner Greg Rose of Adrian.

Pena suffered serious cuts and abrasions on his legs, face and arms in the dog attack, said a complaint filed last year by attorney Stuart Dowty of Royal Oak. A pit bull broke loose from a leash at Rose's home on Chestnut Street and attacked the newspaper carrier walking on the opposite side of the street, the suit said.

"The defendant's dog attacked plaintiff without provocation and viciously and brutally bit, clawed and generally maimed plaintiff Lawrence Pena, causing severe and permanent injuries," Dowty stated in the complaint.

Rose testified during a deposition that he ran from his home to help Pena when he saw his dog go after the man.

Pena, who is mentally impaired, returned to his adult foster care home where an attendant took him to Bixby Medical Center's emergency room where he had surgery to close a gash in his right leg and other cuts.

Rose's attorney, Lisa Janeczek of Farmington Hills, filed a claim against the manufacturer of a cable restraint the dog broke free from on Nov. 12, 2002.

Liability cannot be shifted by such a claim under Michigan's dog bite statute, Dowty countered earlier this year. Owner liability for dog bite injuries is absolute under the state law, he said. Judge Harvey A. Koselka signed an order in February ruling out claims against any other party under the statutory complaint.

The settlement reached in the lawsuit covers medical expenses as well as physical therapy. Pena, 52, was incapacitated for two months, according to court documents, and could not return to his work delivering newspapers until April 2003, five months after the attack.

A trust account for $50,440 left after attorney fees, medical expenses and other costs is to be established through probate court for Pena.