LANCASTER – A family who claims to have been attacked by a pit bull terrier in Lancaster last summer are seeking injunctive relief from a judge in their lawsuit against the dog’s owner.
Minors Charles J. Warfel and Ruby P. Warfel, along with their parents Jeffrey S. Warfel and Margaret M. Warfel, filed suit in the Lancaster County Court of Common Pleas on July 13 versus Luis O. Colon, of Lancaster.
According to the complaint, on June 19, in the 700 block of Lafayette Street in Lancaster, Charles, Ruby and Margaret were attacked by Colon’s pit bull terrier dog when exiting their vehicle – the dog escaped its cage/kennel on Colon’s property and attacked Ruby as her mother was attempting to remove her from her car seat, to which Margaret immediately intervened to her daughter’s defense. The dog then attacked Charles, who had already exited the vehicle, it is alleged.
According to the lawsuit, all three family members suffered severe injuries and damages as a result of the pit bull terrier’s attack, all of which required surgical operations at Penn State Hershey Medical Center. The suit further alleges Colon’s dog had attacked another child in 2014. However, the dog has since been euthanized.
Colon was previously served with a spoliation notice to maintain the cage/kennel and wood fencing around his property. Notwithstanding the spoliation notice, the plaintiffs maintain Colon modified the fence – and further, is in the process of moving to another property he owns in Pottsville.
Now, the plaintiffs seek injunctive relief to “prevent the immediate and irreparable harm of the loss of key evidence” as to the adequacy of the security of the pit bull terrier at the time of the incident, which they say will “maintain this evidence in the status quo as it existed at the time of the occurrence.”
The plaintiffs are represented by Michael P. McDonald of McDonald At Law, of Lancaster.
Lancaster County Court of Common Pleas case 17-06211
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com