WHEELING – A Kanawha County man is suing property owners after a dog on their property attacked and killed his brother.

Roy Cochran and R.M. Cochran owned property in Wheeling and leased a portion of its property to David Wallace, who owned a possessed a dog, according to a complaint filed Feb. 6 in Ohio Circuit Court.

On March 8, 2015, Wallace had a heart attack and Roy Arba Higginbotham Jr. was called from his apartment, which is also on the property, to Wallace’s apartment to render assistance, according to the suit.

Patrick Higginbotham claims Roy Higginbotham attempted to save Wallace’s life by administering cardiopulmonary resuscitation and was doing so when Wallace’s dog attacked Roy Higginbotham and killed him.

The defendants had a duty to maintain proper ownership and control of the premises, including ensuring that tenants were in compliance with all local, state and federal laws, according to the suit.

Patrick Higginbotham claims the defendants breached that duty by failing to maintain proper ownership and control of the premises and were otherwise negligent.

The defendants violated Wheeling Municipal Code by allowing a vicious dog to be harbored at the premises without having liability insurance for the dog, according to the suit.

Patrick Higginbotham claims the defendants had a duty to properly ensure that the premises were reasonably safe for invitees and other lawful visitors and failed to do so,

Patrick Higginbotham is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Michael J. Del Giudice of Ciccarello, Del Giudice & LaFon.

Ohio Circuit Court case number: 17-C-39

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Ohio Circuit Court
1500 Chapline Street
Wheeling, WV 26003

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