WILLIAMSPORT – A Williamsport woman says the local Society for the Protection of Animals failed to warn her that the dog she was adopting had aggressive tendencies and a result, after bringing the dog home, it attacked her cat.
Codyann Vaughn filed suit in the Lycoming County Court of Common Pleas on Aug. 17 versus the Lycoming County S.P.C.A. Both parties are of Williamsport.
“On Jan. 15, 2022, plaintiff contacted defendant, submitted an application, and indicated her interest in adopting a dog that was safe with cats in a household where plaintiff owned a cat. Subsequently, defendant contacted plaintiff and suggested she come in to meet a one-year-old mixed breed dog named ‘Robbie’, in order to adopt it. Accordingly, plaintiff met ‘Robbie’ on April 21, 2022, and was assured by a staff member in person that ‘Robbie’ had been tested with cats and was safe, and so plaintiff agreed to adopt him, placing a deposit on him. In the mid-afternoon of April 22, 2022, plaintiff went to defendant, paid the remaining adoption fee, completed all required paperwork, and took ‘Robbie’ home,” the suit says.
“Unbeknownst to plaintiff at the time and not discovered until days later, defendant emailed her at approximately 4:30 p.m., thanking her for being so interested in adopting ‘Robbie’ but informing her that ‘the team at Lycoming County SPCA feels that Robbie is not the best fit for your family.’ No further explanation was given by defendant in this email and no one on behalf of defendant attempted to contact plaintiff by phone despite having her phone number. Upon information and belief, at the time that defendant permitted plaintiff to adopt ‘Robbie’, defendant was aware that the dog was ‘not the best fit for her family’ and was aware that ‘Robbie’ was possessive and was reportedly jealous over a small child in his former home. But defendant still permitted plaintiff to adopt ‘Robbie.”
The suit adds that upon bringing Robbie home, the plaintiff kept him downstairs and her cat upstairs, in order to not stress her cat with the new addition to the household. At around noon on April 24, 2022, just two days after he was adopted, ‘Robbie’ was taken out on a leash by the plaintiff’s adult daughter, while the cat came downstairs.
“When plaintiff’s daughter and ‘Robbie’ re-entered plaintiff’s house, ‘Robbie’ spotted plaintiff’s cat and immediately attacked it snapping the leash, physically striking the cat repeatedly and injuring it, and causing veterinary care and expenses. Plaintiff attempted to save her cat from the attack, but she was unable to pull ‘Robbie’ off, when the dog lunged back into her right leg with his full force and body weight causing a tibial plateau fracture to her right leg and injuring her right wrist. Defendant owed a duty of care to plaintiff. Defendant breached the duty of care to plaintiff as related in this complaint,” the suit states.
“The negligence and recklessness of defendant includes, but is not limited to, the following: a) Failing to alert plaintiff of ‘Robbie’s’ dangerous propensities, and in fact affirmatively representing that ‘Robbie’ was safe and tested with cats; b) Adopting ‘Robbie’ to plaintiff with no warning of his known dangerous propensities and that he was not the best fit for her home; c) Representing that ‘Robbie’ was a good fit for plaintiff’s home, by temperament and history when defendant knew that he was not; and d) Failing to timely and adequately warn plaintiff to return ‘Robbie’ and to be aware of his dangerous proclivities after it concluded that Robbie was not a good fit for plaintiff’s home.”
For a lone count of negligence/recklessness, the plaintiff is seeking damages in excess of the mandatory arbitration limits of Lycoming County, together with any such other relief as the Court deems just and appropriate.
The plaintiff is represented by Joshua J. Cochran of Schemery Zicolello, in Pittsburgh.
The defendant has not yet secured legal counsel.
Lycoming County Court of Common Pleas case CV-2023-00905
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com