San Leon woman sues over dog attack

John Suayan, Galveston Bureau Nov. 10, 2011, 9:37am

GALVESTON - San Leon resident Kathleen McCarthy seeks more than $50,000 from Rick Harper for a dog attack in July.

A lawsuit filed Oct. 26 in Galveston County District Court claims Harper's dog assaulted McCarthy on July 6 when the plaintiff was at his residence.

"The plaintiff entered upon the premises of the defendant at his invitation and as she was walking up to the defendant's home, she was suddenly and unexpectedly attached by a known vicious dog owned and maintained by the defendant," the original petition says.

"The attack dog bit her leg, inflicting serious injuries and permanent damages to her left leg."

McCarthy asserts Harper knew the canine had dangerous propensities yet allowed it to "roam free on his premises," labeling his conduct and actions as negligent.

The suit ultimately blames Harper of failing to secure the dog.

"As a direct result of the negligence of the defendant, the plaintiff suffered injuries and damages," the complaint says.

McCarthy sues for physical impairment, disfigurement, conscious pain and suffering and mental anguish.

She requests a jury trial.

Attorney Richard Morrison of Kemah is representing the complainant, and Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.

Case No. 11-cv-1707

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