GALVESTON – A Dickinson woman has sued her neighbor, claiming his "dangerous" dog attacked her without provocation.
Susan Thivierge's lawsuit, which was filed in Galveston County District Court on Apr. 16, alleges Dr. William H. Nealon, a local general surgeon, knew his dog exhibited rabid behavior yet failed to discipline the canine.
"Prior to the attack, the defendant had knowledge that his dog had dangerous propensities," the original petition explains. "Nevertheless, he failed to take steps to prevent his dog from injuring others."
"The negligence of the defendant was a proximate cause of the incident and the plaintiff's injuries and damages."
Thivierge says on Nov. 22, 2008, the dog accosted and assaulted her, biting her hands and arms numerous times.
The plaintiff defended herself to no avail.
"As she turned to run, the dog continued to attack her," the suit says.
Nealon is accused of neglecting to restrain the canine, advise the plaintiff of its behavior, and ensure the plaintiff's safety.
The case does not specify what happened to the dog after the assault.
Thivierge argues the bites inflicted severe and excruciating pain and mental anguish upon her as well as disfigured her.
Consequently, the plaintiff is suing for medical expenses, limitation of activities, and losses of wages, earning capacity, and enjoyment of life.
She also demands a jury trial.
Attorneys from Perdue & Kidd LLP are representing Thivierge.
Galveston County 10th District Court Judge David Garner is presiding over the case.
Case No. 09CV0527