LANCASTER – The owner of a goat that allegedly attacked a Delaware man has filed preliminary objections to the plaintiff’s lawsuit, arguing that his allegations of negligence were not properly supported.
Clifford Schofield of Camden, Del. first filed suit on July 19 in the Lancaster County Court of Common Pleas against New Holland Sales Stables Inc., of New Holland.
Schofield alleged in his suit that on Nov. 11, 2019, he was attacked and wounded by the defendant’s goat, which was kept at a property on Fulton Street in New Holland.
Schofield claimed as a result of the attack, he suffered “serious and permanent” injuries to his shoulder which required surgery as well as impairment and serious disfigurement and aggravation of a pre-existing condition.
The plaintiff alleged the defendant committed negligence for allowing the goat, which had “vicious and violent propensities” towards humans, to roam at large. The defendant also allegedly failed to adequately restrain the goat, and negligently allowed an untrained person to maintain custody and control over the animal.
Schofield added the defendants failed to properly care for the goat to prevent it from being in a “highly agitated state” and failed to use care in the animal’s breeding, training, handling or to comply with animal ownership and animal control laws and ordinances.
UPDATE
In preliminary objections filed on Aug. 23, the defendant argued that the allegations of negligence targeting it were nothing more than boilerplate claims which lacked detail and specificity.
“In plaintiff’s complaint, plaintiff alleges that defendant was negligent by virtue of failing to properly control and maintain a goat that was on the property. However, plaintiff fails to allege facts sufficient to place defendant upon notice of the conduct it is called upon to defend. Instead of pleading facts as required by Rule 1019, plaintiff’s claim is based upon conclusory allegations,” the objections said, before quoting all paragraph of Section 8, which outlined the plaintiff’s claims of negligence against the defendant.
“The paragraphs of plaintiff’s complaint are mere boilerplate allegations of negligence, which do not apprise defendant of what it allegedly did wrong. As discussed in the seminal case of Connor v. Allegheny General Hospital, plaintiff did not provide defendant with the information necessary to prevent a later amplification to add new theories of negligence and to be able to properly answer and defend against the same.”
The defendant seeks the claim of negligence to be stricken for this reasons, or for the complaint to be amended to address this objection.
The plaintiff is seeking damages in excess of $50,000, a trial by jury and all other just relief.
The plaintiff is represented by Marc Greenfield of Spear Greenfield Richman Weitz & Taggart, in Philadelphia.
The defendant is represented by Rolf E. Kroll of Margolis Edelstein, in Camp Hill.
Lancaster County Court of Common Pleas case CI-21-04798
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com