Hurricane man says dog caused him to fall

HUNTINGTON - A Hurricane man is suing four individuals he claims are responsible for a dog that caused him to fall.

Thad J. Toy, Chau-Tle Toy, and two John Does were named as defendants in the suit.

On May 2, 2011, Stephen Hash was reading water meters within the scope of his employment with West Virginia American Water and was approaching the meter well on Iroquois Trail when a dog suddenly appeared and charged at him, according to a complaint filed April 23 in Cabell Circuit Court.

Hash claims the dog was growling, baring its teeth and running toward him and he swung his meter wand in an attempt to defend himself and scare the dog away.

In an attempt to protect himself, Hash stepped back, lost his balance and fell, which caused him to sustain injuries, according to the suit.

Hash claims the dog was owned, kept and/or maintained by the defendants and was not properly secured and allowed to run at large, which violates West Virginia code.

The defendants failed to maintain control of their dog, failed to keep it secured, failed to exercise ordinary care to keep and maintain the dog and were otherwise negligent, according to the suit.

Hash claims the defendants' dog had a dangerous or vicious propensity of which the defendants knew or reasonably should have known.

As a result of the defendants' negligence, Hash underwent surgery; has suffered pain of body and mind; incurred hospital and medical bills; suffered loss of the ability to enjoy life; lost wages; and will suffer an impaired earning capacity, according to the suit.

Hash is seeking compensatory damages. He is being represented by Michael C. Walker of Greene, Ketchum, Bailey, Walker, Farrell & Tweel.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 13-C-256