Litigation brought by Edward Clontz, a utility meter reader who sued after he was attacked by two dogs, is set to go to trial on Wednesday, March 21.
As previously reported, Clontz filed suit against the dogs owners, Beverly Hood and Gregory Rosenberger, on Jan. 21, 2011, in Jefferson County District Court.
The suit alleges that on April 29, 2010, Clontz was reading a utility meter at 5325 Landry Lane in Beaumont when two dogs attacked him.
"The defendants failed to keep dogs properly restrained," the suit states. "Defendants were aware, or should have been aware, of the dangerous propensities of the dogs."
Court records show that on Feb. 21 Rosenberger filed a motion for summary judgment, stating that Clontz negligently ignored the two "beware of dog" signs posted on both sides of his home.
The motion, which asserts that Clontz "was nipped on the back of leg by one or both dogs," also argues that there is no evidence indicating Rosenberger violated the duty owed to Clontz, since a warning was provided.
A hearing on the motion was slated to be held March 19 in Judge Bob Wortham's 58th District Court.
However, a court official told the Southeast Texas Record that the parties declined to show, passing on the motion, and that the case will proceed to trial on March 21.
Clontz is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages.
Beaumont attorney Anthony Malley III of the Moore Landrey law firm represents him.
Rosenberger is represented by Beaumont attorney Richard Hatfield of Harris, Duesler & Hatfield.
Case No. A189-210