GALVESTON - A motion for continuance has been entered into a Houston man's $5 million lawsuit over an alleged dog attack, recent court records show.
Plaintiffs Wendell Ray and Eva Joyce Williams and defendant Willie Rushing filed the three-page motion Oct. 1 in Galveston County 405th District Court to extend the case for another 120 days.
The couple is suing Rushing, doing business as Concourse Body Shop, after the shop's security dog allegedly attacked Wendall Ray Williams on Aug. 22, 2011, and caused "life-altering" injuries.
He claims the dog bit and clawed at him, delivering "grave bodily injuries to the nervous system and person."
“The plaintiffs intend to show that the identified dogs were either improperly trained, improperly secured, negligently leashed and/or had a known propensity to lunge at, attack, run after, maul, bite or otherwise frighten or attack reasonable human beings prior to and/or the time of the events in question,” the original petition says.
Rushing countered the complainants' accusations on the grounds they failed "to set forth sufficient facts to state the cause of action against the defendant."
He additionally insists that the business was closed at the time of Wendell Ray Williams's supposed visit and "any defect of the premises, if any, was open and obvious."
Both parties seek continuance because they require additional time to prepare for the trial and they "would like to attempt to resolve this matter through mediation."
Case No. 11-cv-1650