Man attacked by dog claims owners knew of its 'vicious propensities'

John Suayan, Galveston Bureau Apr. 21, 2011, 11:25am

GALVESTON � Hardin County resident Wendell Poplin has filed suit against Port Bolivar Management and Kara and Robert Kurtz after a dog reportedly assaulted him on their property.

In a lawsuit filed April 6 in Galveston County Court at Law No. 1, Poplin claims said dog attacked him while he was looking at scrap vehicles at the defendants' business.

"While looking through the vehicles, Mr. Poplin was attacked by a dog owned and kept by the defendants," the original petition says.

"This dog attacked Mr. Poplin and caused serious physical and emotional injuries to Mr. Poplin."

Poplin insists the canine had "vicious propensities," which "(the) defendants knew or should have known about." He blames them for not taking appropriate action in response to its alleged behavior.

"The defendants failed to confine or restrain the dog or otherwise take adequate precautions in a way that would have prevented attacks on such persons such as Mr. Poplin," the suit says.

"This is particularly true because the defendants knew the dog's history of prior attacks and attempted attacks and this breed was a dangerous one prone to attacking and inflicting serious injuries."

Consequently, the plaintiff sues for physical pain and suffering, mental anguish, losses of earning capacity and consortium, multiple hospitalizations and doctor appointments.

He is represented by attorney John D. West of Beaumont.

The case has been assigned to Galveston County Court at Law No. 1 Judge John Grady.

Cause No. 65,041

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