Example Dog Bite Complaint

Motion to StrikeBelow is a sample complaint in a dog bite case. In many dog bite cases, the parties are friends or relatives where the real "defendant" of interest is the insurance company. In this case, the parties are friends, roommates and business partners.

IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND Civil Division

MARY ELIZABETH BENNETT 
875 Milford Park Drive, #104
Baltimore, Maryland 21228 
Plaintiff, 
v. :
MARGARET EVANS :
875 Milford Park Drive, #200
Baltimore, Maryland 21228 :

COMPLAINT

Plaintiff, Mary Elizabeth Bennett (hereinafter "Plaintiff"), by and through her attorneys, Justin P. Zuber and Miller & Zois, LLC, bring this suit against the Defendants, Margaret Evans, and Counts Property Company, LLC, and in support thereof states as follows:

PARTIES
  1. Upon information and belief, Plaintiff is a female resident of Catonsville in Baltimore County, Maryland.
  2. Upon information and belief, Defendant Margaret Evans (hereinafter "Defendant Evans") is a female resident of Catonsville in Baltimore County, Maryland. The parties are roommates, business partners and friends.
  3. Upon information and belief, Defendant Reasons America, LLC, (hereinafter "Defendant Reasons") is a limited liability company formed and created under the laws of the State of Maryland that carries on most of its business in Baltimore City.
  4. Upon information and belief, Defendant Reasons by and through its employees/members/agents manages and maintains the senior living facilities, including but not limited to Milford Park at Sassafras Meadows, in Baltimore County, Maryland for profit.
  5. Upon information and belief, Defendant Counts Property Company, LLC, (hereinafter "Defendant Counts"), is a limited liability company formed and created under the laws of the State of Maryland that owns property almost exclusively in Baltimore City.
  6. Upon information and belief, Defendant Counts by and through its employees/members/ agents owns and operates the senior living apartment complex doing business as Milford Park at Sassafras Meadows located at 875 Milford Park Drive in Baltimore, Maryland for profit.
VENUE AND JURISDICTION
  1. Venue is proper in Wicomico County pursuant Md. Cts. & Jud. Pro. Code § 6-201(a) since all of the Defendants either reside or carry on a regular business in Wicomico County, Maryland.
  2. There is personal jurisdiction pursuant to Md. Cts. & Jud. Pro. Code § 6-102 and § 6-103.
FACTS
  1. At all times relevant to the claims at bar, Plaintiff and Defendant Evans were residents of the Millford Park at Sassafras Meadows apartment complex located at 875 Milford Park Drive, Baltimore, Maryland 21801.
  2. On or about September 1, 2012, Plaintiff arrived at her apartment complex.
  3. The incident occurred when the Plaintiff attempted to enter the complex through a side door.
  4. Immediately upon opening the door, the Plaintiff was attacked by a large dog that knocked her to the ground.
  5. The large dog was not wearing a leash at the time of the incident.
  6. Upon information and belief, the large dog was owned and controlled by Defendant Evans, whose residence was located on the second floor of the Milford Park apartment complex.
  7. As a direct and proximate result of this incident, Plaintiff sustained severe and permanent injuries, including disfigurement and mental anguish. She incurred substantial medical expenses and other costs.
COUNT I - NEGLIGENCE
(Defendant Margaret Evans)
  1. Plaintiff incorporates by reference paragraphs 1 - 17 and in addition, avers,
  2. Defendant Evans had a duty to maintain control of her dog; to keep her dog on a leash when leaving her apartment; to abide by the apartment complex rules and policies that required Ms. Evans to keep her dog on a leash when taking the dog outside her apartment; to secure her dog; and to prevent her dog from running out of her apartment and into the common area of the apartment complex.
  3. Defendant Collision breached that duty by failing to maintain control of her dog; by failing to keep her dog on a leash when leaving her apartment; by failing to keep her dog on a leash when leaving her apartment in accordance with the apartment complex rules and policies; by failing to secure her dog; and by failing to prevent her dog from running out of her apartment and into the common area of the apartment complex.
  4. As a direct and proximate result of the negligence of Defendant Evans, Plaintiff suffered physical injuries, conscious pain and suffering, incurred medical expenses and other damages.
  5. All of the above damages were directly and proximately caused by the aforementioned negligence of Defendant Evans and were incurred without contributory negligence or assumption of the risk on the part of the Plaintiff, or an opportunity for Plaintiff to avoid the incident.

WHEREFORE, Plaintiff demands judgment against Defendant Evans in the amount of ONE MILLION DOLLARS ($1,000,000.00), plus costs, pre-judgment interest and post-judgment interest as this Honorable Court deems appropriate.

COUNT II - NEGLIGENCE
(Defendant Reasons America, LLC)
  1. Plaintiff incorporates by reference paragraphs 1 - 22 and in addition avers,
  2. Defendant Reasons, by and through its employees/members/agents, had a duty to maintain the apartment complex at Milford Park and ensure the safety of its common areas for its residents. This duty included but was not limited to ensuring that policies and procedures were in place requiring residents to keep their dog(s) on a leash at all times when taking the dog outside their apartment, and giving residents proper notice of these rules and procedures.
  3. Defendant Reasons, by and through its employees/members/agents, breached this duty by failing to maintain the apartment complex at Milford Park and ensure the safety of its common areas for its residents. Specifically, Defendant Reasons failed to ensure that policies and procedures were in place requiring residents to keep their dog(s) on a leash at all times when taking the dog outside their apartment, and by failing to give residents proper notice of these rules and procedures.
  4. As a direct and proximate result of the negligence of Defendant Reasons, Plaintiff suffered physical injuries, conscious pain and suffering, incurred medical expenses, and other damages.
  5. All of the above damages were directly and proximately caused by the aforementioned negligence of Defendant Reasons and were incurred without contributory negligence or assumption of the risk on the part of the Plaintiff, or an opportunity for Plaintiff to avoid the incident.

WHEREFORE, Plaintiff demands judgment against Defendant Reasons in the amount of ONE MILLION DOLLARS ($1,000,000.00), plus costs, pre-judgment interest and post-judgment interest as this Honorable Court deems appropriate.

COUNT IV - NEGLIGENCE
(Defendant Counts Property Company, LLC)
  1. Plaintiff incorporates by reference paragraphs 1 - 32 and in addition, avers,
  2. Defendant Counts, by and through its employees/members/agents, had a duty to maintain the apartment complex at Milford Park and ensure the safety of its common areas for its residents. This duty included but was not limited to ensuring that policies and procedures were in place requiring residents to keep their dog(s) on a leash at all times when taking the dog outside their apartment, and giving residents proper notice of these rules and procedures.
  3. Defendant Counts, by and through its employees/members/agents, breached this duty by failing to maintain the apartment complex at Millford Park and ensure the safety of its common areas for its residents. Specifically, Defendant failed to ensure that policies and procedures were in place requiring residents to keep their dog(s) on a leash at all times when taking the dog outside their apartment, and by failing to give residents proper notice of these rules and procedures.
  4. As a direct and proximate result of the negligence of Defendant Counts, Plaintiff suffered physical injuries, conscious pain and suffering, incurred medical expenses, and other damages.
  5. All of the above damages were directly and proximately caused by the aforementioned negligence of Defendant Counts and were incurred without contributory negligence or assumption of the risk on the part of the Plaintiff, or an opportunity for Plaintiff to avoid the incident.

WHEREFORE, Plaintiff demands judgment against Defendant Counts in the amount of ONE MILLION DOLLARS ($1,000,000.00), plus costs, pre-judgment interest and post-judgment interest as this Honorable Court deems appropriate.

Respectfully Submitted, MILLER & ZOIS, LLC

_______________________
Ronald V. Miller, Jr.
Miller & Zois
One South Street, Suite #2450
Baltimore, Maryland

PLAINTIFF'S REQUEST FOR JURY TRIAL

Plaintiff, pursuant to Maryland Rule 2-325, prays a trial by jury on all issues.

________________________
Ronald V. Miller, Jr.

Contact Us For a Free Consultation

1Free Consultation

2Available to talk NOW - 24/7

3No fees unless you WIN

Miller & Zois clients have received over $100 Million in verdicts and settlements. Let us fight for you!

Client Reviews

They quite literally worked as hard as if not harder than the doctors to save our lives.
★★★★★
Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. Aaron Johnson
★★★★★
Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! Bridget Stevens, Google User
★★★★★
The last case I referred to them settled for $1.2 million. John Selinger
★★★★★
I am so grateful that I was lucky to pick Miller & Zois. Maggie Lauer, Google User
★★★★★
The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. Suzette Allen, Google User
★★★★★
The case settled and I got a lot more money than I expected. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. Nchedo Idahosa
★★★★★

Contact Us

Free Consultation (800) 553-8082 Call 24/7