GALVESTON - A Brazoria County woman has reopened a previously disposed lawsuit stemming from a dog attack on her son.
Galveston County Court at Law No. 2 Judge Barbara Roberts signed and entered an order to reinstate into Kendra Carey's suit against League City resident Jacky Howarth on May 10.
Carey originally filed suit against Howarth on Nov. 29, 2011, after Howarth's Rottweiler reportedly attacked Carey's son.
According to court documents filed at the time, the incident in question occurred when the child entered the defendant's backyard on Dec. 23, 2010, to jump on a trampoline that was there.
The canine, Cujo, then jumped on the boy, knocked him to the ground and bit his left arm, the suit says.
His mother states he tried to escape, but the dog bit him again on his left leg and instilled a fear of the animal in him.
Howarth provided a formal rebuttal to the allegations.
Judge Roberts dismissed the case on April 19 when the plaintiff failed to appear at a March 29 status conference.
Citing a lack of conscious indifference, Carey submitted a motion to reinstate on May 4.
Attorney Chris Lay of Alvin is representing the plaintiff while attorney Anthony D. Gunn of Dickinson serves as Howarth's counsel.
Cause No. 66,429