Lunging lab injury case settles

Amelia Flood Jun. 6, 2009, 9:00am

A case involving injuries caused by a "lunging" dog that was set for trial June 15 is off as its parties have reached a settlement.

While the amount of the settlement was not available from court documents, both parties will bear their own costs, according to the stipulation for dismissal filed by attorneys for both the plaintiff and defendant June 3.

The case had been set for trial at 9 a.m. June 15 before Madison County Circuit Judge David Hylla.

Plaintiff Genevieve Korte of Highland sued her neighbors, Dr. Oscar Florendo Jr. and Becky Florendo over a March 2006 fall.

Korte claimed that the Florendo's 70 pound golden labrador retriever "lunged" at her while she was out in her back yard area. Korte claimed that the jumping animal caused her to fall and suffer severe internal and external injuries to her body and nervous system.

Her suit argued that the Florendos were negligent in failing to control, train and to restrict their dog to their own property and that their failure to advise her of the dog's jumping and "vicious propensities towards humans," constituted negligence and violations of the state's Animal Control Act. She sued the Florendos for two counts of personal injury and two counts for violating the act. She claimed pain, permanent and severe injuries, past and future mental pain and anguish, and medical expenses.

Her suit sought at least $50,000 in damages and costs.

In their answer, the Florendos denied Korte's claims.

Korte was represented by Thomas Cannady and the Florendos were represented by Aaron Weishaar, according to court documents.

The case was Madison case number 08-L-144.

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