PHILADELPHIA – A local man arranging Christmas decorations outside his home last year says his neighbors’ German Shepherd dogs attacked and injured him without provocation, and has filed legal action to recover monetary damages.
Olsi Profka of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on May 1 against Nicholas Scelzi, Kathleen Scelzi and John Scelzi, all also of Philadelphia.
“On Dec. 8, 2017, plaintiff Olsi Profka was lawfully setting up Christmas lights in front of his house... when the defendants’ two German Shepherds did viciously and without warning, attack, bite and otherwise injure plaintiff without provocation,” the suit reads.
Profka further alleged the defendants had a history of allowing the dogs outside of their property without leashes, that the dogs had a history of attacking human beings without provocation and had a propensity to do the same.
Profka claimed the defendants were negligent in keeping dogs of a vicious nature, permitting the dogs to attack him and failing to properly restrain and/or muzzle them, among other charges – and a result, suffered disfigurement, puncture wounds, lacerations, bruising, swelling and various other injuries to his left abdomen, right shoulder, knees, neck and right wrist.
In an answer to Profka’s complaint filed June 11, the Scelzis denied his allegations that the dogs involved in this case had a history of attacking human beings, explained they exercised due care in restraining the dogs prior to the incident in question and emphasized their conduct was not the proximate cause of the plaintiff’s injuries.
Following up on the Scelzis’ response and new matter, Profka replied the very next day on June 12 to deny the defendants’ legal conclusions and allegations.
As of July 17, Profka is also pursuing an entirely different and separate legal malpractice claim, against a pair of attorneys and their respective firms in Philadelphia and Fairfax, Va. Though a Writ of Summons has been filed in that separate action, a formal complaint has not been filed to this point.
For counts of strict liability and negligence, the plaintiff is seeking damages, jointly and severally, in an amount within the arbitration limits.
The plaintiff is represented by Todd B. Jacobs of the Law Offices of Todd B. Jacobs, in Philadelphia.
The defendants are represented by Jermaine Harris, also in Philadelphia.
Philadelphia County Court of Common Pleas case 180404807
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com