This is a potentially dangerous situation and I believe the dog should be restricted because he has shown a propensity for aggression. The owner has shown some indifference to containing the dog.
San Jose, CA (Vocus) September 10, 2010
A lawsuit was filed last week against Delanie Walker, tight end for the San Francisco 49er’s, for alleged injuries received by Rick Ellis when he was attacked by Walkers’ two pit bulls while he was servicing the pool at Walkers home on March 25, 2010.
The lawsuit was filed in Santa Clara Superior Court, Case No. 110CV181382, for Ellis by attorney Richard Alexander of Alexander Hawes, LLP, San Jose, CA. The suit alleges that Ellis was attacked without provocation at Walker’s home in Morgan Hill, CA by the two pit bulls owned by Delanie Walker. The pit bulls attacked and mauled plaintiff Rick Ellis causing injuries to his hands, arms and thigh requiring medical treatment.
According to court documents Walker and the property owner, James Zubilliaga, also named in the suit, had both been personally notified on numerous occasions before this attack about the “out-of-control” dogs and their menacing behavior towards neighbors, people walking by the home, as well as persons lawfully on the property. According to reports this was not the first incident involving the dogs.
According to Santa Clara County animal control reports on February 25, 2010, police were called to the area of Walker’s home when it was reported that both dogs were running loose and threatening residents. One of the dogs growled at a sheriff deputy who responded and tried to subdue him.
As a result of the incident, police issued citations to Walker for both dogs running at large without licenses and restraints. Yak, the larger of the two dogs, was classified a "level one" or potentially dangerous dog after the February incident.
After the March attack on Ellis, animal control classified Yak a "level two" or dangerous dog according the report. Walker was required to keep the dog locked up in home quarantine for 10 days, and after that the dog was to be restrained at all times, even while on the property.
Police Chief Bruce Cumming was quoted as saying in the San Jose Mercury News on April 2, 2010, "This is a potentially dangerous situation and I believe the dog should be restricted because he has shown a propensity for aggression. The owner has shown some indifference to containing the dog."
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