Dog Bite Derry NH
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Rockingham County NH Superior Court
1. The Plaintiff, Mother and next friend of Minor Child is an individual residing in Town of Derry, County of Rockingham, State of New Hampshire.
2. The Defendant is and at all times herein mentioned was a resident of Town of Auburn, County of Rockingham, State of New Hampshire and was the owner, keeper or possessor of a German Shepherd dog.
3. The Defendant Limited Partnership, hereinafter referred to as DWF, is and at all times herein mentioned was a corporation organized under the laws of the State of New Hampshire with a principal place of business located in Town of Derry, County of Rockingham, State of New Hampshire.
4. While lawfully on the premises of the Defendant, DWF and accompanied by his family the minor plaintiff was attacked by the aforementioned German Shepherd dog which was unrestrained and unsupervised.
5. As a direct and proximate result of the incident the minor Plaintiff suffers from serious and permanent injuries, including but not limited to, full-thickness lid margin tarsal laceration, complex laceration of the cheek extending full thickness into the buccal mucosa, all of which required surgical repair, reconstruction and scar revision and resulting in canalicular damage and permanent disfigurement.
6. As a direct and proximate result of the alleged incident the minor Plaintiff has been caused to incur Sixteen Thousand Six Hundred Forty Two Dollars and 55/100 ($16,642.55) in medical bills.
7. As a direct and proximate result of the alleged incident the minor Plaintiff has experienced conscious pain and suffering and continues to experience conscious pain and suffering.
COUNT I
8. This count is by the Plaintiff as mother and next friend of the minor child against the Defendant and incorporates by reference herein paragraphs one through seven inclusive and further states:
9. The Defendant owed a duty to the minor Plaintiff, Anthony F. Mazzone, to properly supervise, restrain and control his German Shepherd dog as he knew or should have known of the dog’s vicious propensities.
10. The Defendant breached his duty by failing to properly restrain his dog and by failing to supervise and control his dog.
11. As a direct and proximate result of the negligence of the Defendant the minor Plaintiff sustained injuries and incurred medical expenses as hereinbefore described in paragraphs five through seven inclusive.
WHEREFORE, Plaintiff as mother and next friend of minor child requests:
1. Judgment for damages plus interest from the day of her cause of action.
2. Reasonable cost and attorney’s fees.
3. For such other and further relief as this Honorable court may deem just and proper.
The Plaintiff demands a jury to hear her cause.
COUNT II
12. This count is by the Plaintiff as mother and next friend of minor child in accordance with RSA 466:19 as against the Defendant and incorporates by reference herein paragraphs one through eleven inclusive and further states:
13. The German Shepherd dog of which the Defendant is the owner, keeper or possessor caused damage to the minor Plaintiff as hereinbefore described in paragraphs five through seven inclusive.
14. The minor Plaintiff was not engaged in the commission of trespass or other tort at the time of the occurrence.
WHEREFORE, Plaintiff as mother and next friend of the minor child requests:
1. Judgment for damages plus interest from the day of her cause of action.
2. Reasonable cost and attorney’s fees.
3. For such other and further relief as this Honorable court may deem just and proper.
The Plaintiff demands a jury to hear her cause.
COUNT III
15. This count is by the Plaintiff as mother and next friend of the minor as against the Defendant seeking enhanced compensatory damages and incorporates by reference herein paragraphs one through fourteen inclusive and further states:
16. The Defendant on the date of the incident as alleged, had actual knowledge of the vicious and dangerous propensities of the subject German Shepherd dog to include that said dog had attacked and injured at least one other person before attacking the minor Plaintiff.
17. The Defendant on the date of the incident as alleged, was fully aware, or should have been aware of the almost certain risk that someone would be seriously hurt or killed if the subject German Shepherd dog was permitted to remain unrestrained and on the premises of DWF in almost constant contact with customers and their children to the extent that his actions amount to wanton, willful, reckless and malicious conduct.
18. As the direct and proximate result of the Defendants wanton, willful, reckless and malicious conduct the minor Plaintiff sustained injuries and incurred medical expenses as hereinbefore described in paragraphs five through seven inclusive.
WHEREFORE, Plaintiff as mother and next friend of the minor child requests:
1. Judgment for enhanced compensatory damages plus interest from the day of her cause of action.
2. Reasonable cost and attorney’s fees.
3. For such other and further relief as this Honorable court may deem just and proper.
The Plaintiff demands a jury to hear her cause.
COUNT IV
19. This count is by the Plaintiff as mother and next friend of minor child against the Defendant, DWF and incorporates by reference herein paragraphs one through eighteen inclusive and further states:
20. At all times relevant hereto Defendant was an agent, servant or employee of the Defendant DWF acting within the scope of his employment and under the authority and with the consent of DWF.
21. In accordance with theories of agency and respondeat superior the negligence of Defendant is imputed to DWF.
22. As a direct and proximate result of the negligence of Defendant as hereinbefore alleged the minor Plaintiff has suffered severe and permanent injuries as described in paragraphs five through seven above.
WHEREFORE, Plaintiff as mother and next friend of minor child requests:
1. Judgment for damages plus interest from the day of her cause of action.
2. Reasonable cost and attorney’s fees.
3. For such other and further relief as this Honorable court may deem just and proper.
The Plaintiff demands a jury to hear her cause.
COUNT V
23. This count is by the Plaintiff as mother and next friend of the minor against the Defendant, DWF, and incorporates by reference herein paragraphs one through twenty-two inclusive and further states:
24. At all times relevant hereto and on the date of the incident as alleged, DWF its agents, servants, employees and assigns knew or should have known that the subject German Shepherd dog was on its premises located in Derry, New Hampshire and further knew or should have known of the vicious propensities of said dog.
25. That the Defendant, DWF owed a duty to the minor Plaintiff to maintain its premise in a reasonably safe condition free of dangers, both known and unknown, to the minor Plaintiff.
26. That the Defendant, DWF breached its duty by consenting to and permitting the subject German Shepherd dog to be kept on its premises, unrestrained, with knowledge of the danger created by said dog and without warning the minor Plaintiff or his family of said danger while they were lawfully on the premises as customers.
27. As a direct and proximate result of the negligence of DWF as hereinbefore alleged the minor Plaintiff has suffered severe and permanent injuries as described in paragraphs five through seven above.
WHEREFORE, Plaintiff as mother and next friend of the minor child requests:
1. Judgment for damages plus interest from the day of her cause of action.
2. Reasonable cost and attorney’s fees.
3. For such other and further relief as this Honorable court may deem just and proper.
The Plaintiff demands a jury to hear her cause.
COUNT VI
28. This count is by the Plaintiff as mother and next friend of the minor child against the Defendant, DWF seeking enhanced compensatory damages and incorporates by reference herein paragraphs one through twenty-seven inclusive and further states:
29. At all times relevant hereto and on the date of the alleged incident the Defendant DWF was fully aware, or should have been aware, that the subject German Shepherd dog had previously attacked and injured at least one person and of the almost certain risk of serious injury or death to others should its agent, servant or employee be permitted to keep said dog on its premises all of which amounts to wanton, willful, reckless and malicious conduct.
30. As a direct and proximate result of the negligence of it employee as hereinbefore alleged the minor Plaintiff has suffered severe and permanent injuries as described in paragraphs five through seven above.
WHEREFORE, Plaintiff as mother and next friend of the minor child requests:
1. Judgment for enhanced compensatory damages plus interest from the day of her cause of action.
2. Reasonable cost and attorney’s fees.
3. For such other and further relief as this Honorable court may deem just and proper.
The Plaintiff demands a jury to hear her cause.
Date: Respectfully submitted:
Mother and
next friend of minor
By her attorney
________________________________
Michael R. Feniger, Esq.
FENIGER & ULIASZ
