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Sunday, April 28, 2024

Woman says two neighbor dogs 'viciously' attacked her 4-year-old son

State Court
Weimaraner

CHARLESTON – An Alum Creek woman says two neighbor dogs knocked her 4-year-old son off of his bicycle and “viciously” attacked him.

Sierra Bassett filed her complaint on behalf of her son identified as J.M.H. in Kanawha Circuit Court against Roger Doty, Shannon M. Reed and one unidentified defendant.

According to Bassett’s complaint, she was walking with her son July 13, 2021, near their home on Preston Lane, an unpaved residential roadway. The boy, who was 4 at the time, was riding a small electronic motorized bicycle.

“Two large Weimaraner dogs ran from the defendants’ property onto Preston Lane, knocked J.M.H. from his bicycle onto the ground, and then pounced on him and began to viciously bite and attack him,” the complaint states. “Both dogs were significantly larger than J.M.H. and therefore had him helplessly pinned to the ground. Neither plaintiff nor J.M.H. had done anything to provoke or otherwise invite this attack.”

Bassett says it took several moments for her to get to her son as the dogs continued their attack on him. When she reached the attack, she says she pulled the dogs off of her son. She says she suffered cuts and abrasions on her hands and upper limbs from the dog.

The complaint says the boy suffered multiple puncture wounds and other physical injuries.

Bassett also says the defendants knew the dogs weren’t properly confined to their yard. She says Doty and Reed live at the home while the John Doe defendant was the “owner or keeper” of the dogs that were kept primarily at the residence.

“(They) knew their dogs could run at large,” the complaint states. “In any event, both of the dogs were running at large at the time of the subject attack.”

Bassett says her son has experienced dozens of nightmares and now is fearful of unfamiliar dogs.

In their answer, the defendants deny the allegations and seek to have the case dismissed.

Bassett accuses the defendants of strict liability and negligence.

She says both she and her son suffered physical pain, suffering and injuries from the incident. The boy required immediate medical attention and treatment, and the puncture wounds have left permanent scars. She says they also suffered emotional distress, shock, harm, mental anguish, annoyance and inconvenience.

Bassett seeks compensatory damages. She is represented by David F. Nelson of Hendrickson & Long in Charleston. The defendants are represented by Jill Cranston Rice and Esha R. Sharma of Dinsmore Shohl. The case has been assigned to Circuit Judge Tera Salango.

Kanawha Circuit Court case number 21-C-756

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