Anthony Cooley v. Pat Knollenberg and Velma Knollenberg

Docket Number:  Butler County, Kansas 2004 CV 363

Judge: The Honorable Charles Hart
Defendant's Attorney: Patrick J. Murphy, Wallace, Saunders, Austin, Brown & Enochs
Type of Claim:  Premises Liability/pit bull attack

Facts:   Plaintiff claimed he fell into the defendant's fence behind which was the pit bull. He claims the dog bit him through the chain-link fence. The dog bit off ½ of his nose. Defendants' house bordered a bar in Augusta, KS. Bar patrons would exit the bar, taunt, and tease the dog and had done so for a period of 7 years. Defendant admitted knowing the dog had a lineage of a "fighting line" of dogs. Defendant admitted the dog barked, growled, and bit at the fence when bar patrons came close. Plaintiff and his wife knew of the dog, saw its behavior when they arrived at the bar, and plaintiff parked near the fence and later walked directly toward it while under the influence of alcohol. Plaintiff told investigating officer he got hung up over the 4' fence when he fell. Plaintiff was also inconsistent whether he even fell.

Damages Alleged:  23,000 in medical, $1,800 in lost wages.

Demand Before Trial:  $75,000.

Offer Before Trial:  $0.

Verdict:  Plaintiff found 100% at fault.

© 2005 Wallace, Saunders, Austin, Brown, and Enochs