Charging dog caused woman to fall off bicycle, suit claims

David Yates Jan. 11, 2010, 8:26am

John Morgan

Some people feel sorry for stray dogs, fearing a charging motorist may strike and wound the wandering canine.

However, in a recent lawsuit, one Orange woman is claiming she became the victim when a stray dog "charged" her while she was out riding her bicycle and caused her to fall and injure herself.

Billie Melanson filed suit against Mark Mitchell on Jan. 7 in Orange County District Court, alleging Mitchell negligently failed to keep his dog properly restrained.

In her suit, Melanson says she was out for a bike ride on Aug. 29 when Mitchell's dog, which was "roaming freely," suddenly charged her, "causing her to fall from her bicycle onto the pavement."

"Defendant breached his duty of care by failing to chain his dog and allowing the dog to roam freely within the city limits," Melanson's suit states.

The suit declines to mention what type of dog charged Melanson, nor does the suit describe her alleged injuries.

Melanson is suing for mental anguish and all court costs.

She is represented by Beaumont attorney John Morgan.

The case has been assigned to Judge Dennis Powell, 163rd Judicial District.

Case No. B100005-c

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