Suit filed over Hank's 'uncommon mischievous propensity to commit injuries'

Kelly Holleran Jan. 19, 2009, 8:14am

An insurance company has filed suit against a Belleville man, alleging his dog attacked one of the company's insured clients.

Argonaut Insurance Co. claims it provided workers compensation coverage to Mediplex Health Professionals, the company that Mary Reinecke worked for when she was attacked by a dog.

Reinecke was a home health care nurse and was caring for Cathy Henshaw at 2920 Godfrey St. in Belleville on Jan. 18. 2007, when Dale Henshaw's bulldog named Hank bit her on her lower leg, according to the complaint filed Jan. 15 in St. Clair County Circuit Court.

Argonaut was forced to pay Reinecke's medical expenses and disability that arose out of the incident, the suit states.

It claims it can file the suit because Reinecke failed to institute her own complaint about the incident.

Argonaut claims Dale Henshaw was negligent because he knew Hank had an uncommon mischievous propensity to commit injuries and because he knew that Hank had attacked a United States postal carrier two to three weeks before the dog's attack on Reinecke.

Dale Henshaw also negligently failed to warn or alert invitees that Hank had an uncommon mischievous propensity to commit injury and failed to properly leash or restrain Hank, according to the complaint.

Argonaut is seeking a judgment in excess of the jurisdictional limits of St. Clair County Circuit Court, plus other relief the court deems appropriate.

It is represented by Paul Tsukuno of Inman and Fitzgibbons in Chicago.

St. Clair County Circuit Court case number: 09-L-0017.

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