PITTSBURGH – A plaintiff allegedly attacked by an off-leash dog in the common area of her apartment complex and who suffered a broken right hip has initiated legal action against the dog’s owners and the residence complex’s housing association.
Audrey Clark of Munhall filed suit in the Allegheny County Court of Common Pleas on Nov. 17 versus Jonathan Obsitos, Gena Ascenzio and Munhall Homestead Housing Association, also all of Munhall.
On or about Dec. 11, 2015, plaintiff was in front of the building that contained both her residence and the residence of defendants Obsitos and Ascenzio. While outside in the public area, the suit says the defendants’ dog, Bear, came outside while not on a leash and knocked Clark to the ground.
As a result, Clark claims to have suffered a right hip fracture, which necessitated an open reduction and internal fixation surgery to repair, plus post-operative treatment, physical therapy, occupational therapy and medication. Clark says Obsitos and Ascenzio were negligent in not controlling the dog on a leash, and the housing association was at fault for not ensuring the dog was licensed or the owners insured, nor require immediate compliance with association policy, require the dog leave the premises or evict the dog and its owners subsequent to the incident.
For counts of negligence, the plaintiff is seeking damages in excess of the arbitration limits of Allegheny County, inclusive of fees and costs.
The plaintiff is represented by David C. Brumfield of Alpern Schubert, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-17-015623
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at firstname.lastname@example.org