A Holiday Shores man claims he suffered a broken hip after a dog attacked him as he was walking down the street.
Louis and Winona Kibort filed a lawsuit Aug. 30 in Madison County Circuit Court against Laura and Gerald Accola.
In their complaint, the Kiborts allege they were walking on Westview Drive near the Accolas’ home on June 27, 2011, when the Accolas opened their front door and released their dog. Suddenly, the dog ran toward the Kiborts, causing Louis Kibort to fall and to sustain a broken hip, according to the complaint.
In addition to his broken hip, Louis Kibort suffered physical and emotional injuries, was hindered from attending to his usual duties and incurred medical costs, the suit states.
Because of the incident, Winona Kibort claims she lost her husband’s society, companionship, affection and consortium.
The Kiborts blame the Accolas for the incident, saying they negligently failed to keep their dog under proper control, failed to keep their dog properly restrained, lived with a dog that was known to attack people, released their dog when they knew people were walking nearby and released their dog without a restraint even though they had a fenced-in backyard.
In their three-count complaint, the Kiborts seek a judgment of more than $150,000, plus costs.
Randall P. Steele of Steele Law Offices in Glen Carbon will be representing them.
Madison County Circuit Court case number: 12-L-1381.