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Business Visitor Sues Property Owner Over Severe Dog Attack

PENNSYLVANIA RECORD

Monday, November 25, 2024

Business Visitor Sues Property Owner Over Severe Dog Attack

Federal Court
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A business visit turned into a nightmare for Robert Fox, who is now suing Matthew Thomas over a severe dog attack. The complaint was filed by Robert Fox in the United States District Court for the Middle District of Pennsylvania on July 10, 2024, against Matthew Thomas.

According to the court documents, Robert Fox was visiting Matthew Thomas's property at 3097 State Route 3010 in Springville, PA, on May 18, 2024. During this visit, while exercising due care and caution for his own safety, Fox was attacked and bitten by Thomas's dog. The incident resulted in serious and permanent injuries to Fox's left arm, including punctures above his elbow and wrist. Additionally, he suffered severe shock to his nerves and nervous system.

Fox's complaint accuses Thomas of negligence on multiple fronts. It alleges that Thomas failed to properly restrain a dangerous dog and did not take reasonable steps to ensure the dog did not come into contact with visitors like Fox. The lawsuit lists several specific points of negligence: failing to control or restrain the dog adequately, allowing it to roam freely without restraint, not confining the dog within a safe area, failing to warn about the dog's known dangerous propensities, and causing a hazardous situation on his property.

The complaint further states that as a result of these negligent actions by Thomas, Fox has endured great physical pain and mental anguish and may continue to do so indefinitely. He has also been compelled to spend large sums of money on medical care and treatment for his injuries. Furthermore, due to the injuries sustained from the attack, Fox has been unable to attend to his usual daily duties and occupation and may continue facing such difficulties in the future.

In addition to negligence claims under common law principles (Count I), Fox also accuses Thomas of violating specific provisions of Pennsylvania Dog Law (Count II). The relevant sections cited include P.S. Section 459-305 which requires owners to confine their dogs within their premises securely so they cannot stray, and P.S. Section 459-502 which holds owners liable if their dogs attack someone. The complaint argues that these violations directly caused Fox’s injuries.

Fox is seeking judgment against Thomas for damages exceeding $75,000 along with delay damages, interest, costs of suit, and any further relief deemed just by the court.

Representing Robert Fox are attorneys R. Tyler Tomlinson and Nicole Durso from Stark & Stark P.C., based in Yardley, Pennsylvania. The case is presided over by Judge RDM under Case ID: 3:24-cv-01131-RDM.

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