Man knocked off bike by dog voluntarily dismisses owner

David Yates Dec. 19, 2011, 4:42am


A man who sued claiming a charging dog knocked him off his bike recently was granted a motion to voluntarily dismiss the canine's owner.

Port Neches local Rickey Cobb filed suit against Marilyn Elton on Aug. 18 in Jefferson County District Court.

Cobb filed the motion on Oct. 28, stating he and the defendant have settled their dispute, court papers say.

Judge Gary Sanderson, 6oth District Court, granted the motion on Nov. 1, dismissing the defendant with prejudice.

The suit states on March 13 Cobb was riding his bicycle near the intersection of Earle Street and Gist Drive in Port Neches when Elton's "unrestrained dog ran at him and knocked him off his bicycle onto the street."

Elton was accused of negligently failing to restrain her dog.

In addition to the cost of repairing his bike and helmet, the plaintiff was suing for his alleged past and future medical expenses, mental anguish, pain and lost wages, plus all court costs.

Lance P. Bradley of McPherson, Hughes, Bradley, Wimberley, Steele and Chatelain in Port Arthur represented him.

Case No. B190-697

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