Date: 04-21-2014

Case Style: KARY L. CLADWELL V. CITY OF HOQUIAM; SHAWN SMITH; JENNIFER SMITH; AND JAMES THOMPSON

Case Number: 12-2-23481-7KNT

Judge: Marione Spearman

Court: Superior Court, King County, Washington

Plaintiff's Attorney: Christopher Davis & Gregory Colburn, Davis Law Group

Defendant's Attorney: Gregory Jackson & John Nicholson of Freimund Jackson & Tardif

Description: Plff, female age 45, unemployed. Plff was attacked by a Pit Bull named Temper that was owned by Def. Shawn Smith and her adult daughter, Def. Jennifer Smith. Def. Shawn lived in Hoquiam, Washington, where the Pit Bull was declared “potentially dangerous” for attacking its 2-year-old littermate in February, 2009. Def. Shawn then moved away before the city could serve her with the potentially dangerous dog designation. In August of 2009, Def. Shawn called the City of Hoquiam 911 operator to report that Temper was attacking its littermate. Hoquiam Animal Control and Law Enforcement responded. Temper was only subdued by shooting it with a Taser gun. Under Hoquiam ordinance. A dangerous dog must be immediately impounded if the dog’s owner cannot meet certain restrictions, including having insurance, posting dog warning signs, and obtaining a dangerous dog license. Def. Shawn did not satisfy any of these restrictions. Instead of impounding the dog, the Hoquiam Animal Control Officer allowed the dog to stay with its owner. Within days, Def. Shawn transported Temper outside of Hoquiam. Def. Jennifer took possession of the dog and moved to an apartment in King County, Washington with her boyfriend, Def. James Thompson. Plff was invited to the apartment by Def. James where she was attacked by Temper. Plff contended the Defs. Were negligent in failing to warn her about Temper’s dangerous propensities. Plff claimed Def. City of Hoquiam negligent in failing to impound the dog, and that the attack would not have occurred had the City impounded the dog.

Outcome: Plaintiff's verdict for $435,000.00.

Plaintiff's Experts: Theodore Becker Ph.D.; Robert Brandau (Animal Control); Richard Polsky Ph.D. (Animal Behaviorist)

Defendant's Experts:

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