Animal 411
Local Woman Denies Liability, Negligence in Dog Attack Lawsuit
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An attorney representing a local woman named in a lawsuit that stems from a dog attack last fall on Benedict Hill Road has filed papers denying that she’s liable for the incident.
The owner of one of two dogs that attacked the plaintiff also was not negligent in the Sept. 15 incident, according to an answer and special defense filed Friday on her behalf by attorney Jill Hallihan of New Haven-based Musco & Iassogna.
Rather, Hallihan said in documents filed in state Superior Court, the plaintiff herself failed “to make reasonable and proper use of her faculties and senses at the time and place of the incident alleged in the complaint.”
The plaintiff, Allyn Holmberg, also “failed to exercise reasonable care for her safety at the time and place of the incident alleged in the complaint” and “failed to act as a reasonably prudent would have under the same or similar circumstances,” Hallihan said on behalf of the defendant, Luz Berg. Hallihan on the same day filed a claim for jury. According to Holmberg’s complaint, the two dogs—Sarge and Bane—attacked her “suddenly and without warning” on that Sunday last fall “while roaming and unleashed.”
The dogs, in the care of next-door neighbor Paul Saitta “attacked without provocation and began to ferociously attack, bite, maul, savage and mutilate the plaintiff, causing severe and permanent injuries,” according to the lawsuit, filed in state Superior Court by attorney Jason Gladstone of New Canaan-based Lampert, Toohey & Rucci LLC. As a direct result of the attack, Holmberg sustained several injuries and has incurred medical bills, pain and suffering, “mental anguish, mental anxiety and emotional distress” and “has suffered permanent impairment of her ability to carry on life’s activities which she had enjoyed before the attack,” the lawsuit said.