CHARLESTON – A Kanawha County woman says a dog her family picked up at the Kanawha-Charleston Humane Association attacked her on Christmas morning, ripping off part of her lower lip and part of her gums and causing her to lose several teeth.
Merrill and Brad Wassum filed their complaint in Kanawha Circuit Court against the humane association. In its answer, KCHA denies the allegations against it.
According to the complaint, the couple went to the KCHA shelter in Charleston on Christmas Eve 2019 to inquire about adopting an Akita-mix male she had seen on the group’s Facebook page.
When they arrived, a KCHA employee told Merrill Wassum the dog was “fine” and wasn’t dangerous. She was told the dog had been with KCHA for two days and had been dropped off by a family because they had just had a baby.
“Contrary to KCHA procedures, Mrs. Wassum was advised to simply take the dog home for the holidays and that KCHA would be in touch afterward to complete any necessary paperwork,” the complaint states.
The next day, Christmas morning, Merrill Wassum says she stepped over the dog to enter her bathroom.
“She bent down to pet the dog when it suddenly lunged at her face and clenched onto it,” the complaint states. “The dog would not release Mrs. Wassum’s face, with the dog violently shaking Mrs. Wassum’s face while locked in the dog’s jaws.
“Mrs. Wassum attempted to get away from the dog, but was unsuccessful. The dog attacked Mrs. Wassum’s face, hand, cheek, under her eyes and her chest. During the attack, the dog tore off part of Mrs. Wassum’s lip and knocked out several of her teeth.”
Brad Wassum heard the attack and ran to see his wife being mauled. He pried the dog away and threw it out of the home into the backyard. He rushed his wife to the emergency room. Evaluations revealed the dog had ripped off her lower lip and part of her gums.
“What teeth Mrs. Wassum had left were removed during surgeries to attempt to treat her facial injuries,” the complaint states.
After the incident, the Wassums say family members tried to contact KCHA to see if the dog had been vaccinated for rabies, but no information was initially provided. They later learned the dog hadn’t been given a rabies shot and was told it wasn’t customary to adopt a dog without giving it those shots.
“KCHA then revealed that the dog had been abandoned but was taken in by a family who just had a baby,” the complaint states. “That family did not feel safe with the dog and left the dog locked in a room. …
“When the family member inquired further, the KCHA representative indicated that the dog had come from a known drug dealer who abandoned the dog and that the family who took the dog in was afraid of it.”
KCHA removed the dog from the home December 27, 2019. It did test negative for rabies.
The plaintiffs accuse KCHA of negligence for failing to perform a proper intake or obtain a proper behavioral history of the dog, for failing to properly evaluate the dog, for failing to socialize the dog, for permitting the dog’s adoption just two days after arrival, for permitting the adoption without assuring the dog had been properly vaccinated, for permitting the adoption when it knew the dog could be violent, for failing to provide basic information about the dog’s history, for failing to have a system in place to determine the behavioral history of the dog, for failing to warn of the dog’s violent tendencies, for failing to properly train its employees, for failing to properly supervise employees, for releasing the dog without completion of any paperwork, for failing to implement policies for the safe intake and adoption of dogs and for misrepresenting the dog’s dangerous history.
They also accuse KCHA of recklessness, negligent infliction of emotional distress to Brad Wassum and loss of consortium.
The Wassums seek compensatory damages for injuries, general damages, special damages, punitive damages, attorney fees, court costs and other relief.
In its answer to the complaint, KCHA seeks to have the case dismissed. It denies the allegations in the complaint and says any injuries were caused by negligence of the plaintiffs.
The Wassums are being represented by Christopher J. Wallace of The Wallace Law Firm in Weirton. KCHA is being represented by Sophie L. Johns and Matthew A. Nelson of Lewis Brisbois Bisgaard & Smith in Charleston. The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 20-C-456