Dismissal Of Dog Attack Upon Minor Child Affirmed

The Second Circuit Court of Appeals has affirmed the dismissal of case involving a severe dog bite to a minor child by an animal rescued from the Town of Hempstead’s Animal Shelter.  After being rescued by an agency in Pennsylvania, the animal was transported to a family in West Virginia.  Within hours of being delivered to the family, the dog attacked a minor child causing severe facial injuries.   Following a decision by the United States District Court which granted the Town’s motion to dismiss, the plaintiff appealed.  Holding that the Town owed no duty to the plaintiff, the Court of Appeals affirmed the dismissal.

The Town of Hempstead was represented by Joseph E. Macy, Esq. and Daniel Evers, Esq.

A copy of the decision:  T.B., v. TOWN OF HEMPSTEAD ANIMAL SHELTER and TOWN OF HEMPSTEAD