Mailman files to amend complaint in dog attack lawsuit

Christina Stueve Feb. 8, 2012, 5:31am




The plaintiff in a personal injury suit filed a motion for leave to file second amended complaint in Madison County Circuit Court.

The case involves Gary York, a letter carrier from Granite City, who says he was attacked by a dog while delivering mail.

According to York's motion, in his original complaint he had listed an incorrect date for the alleged attack.

In other action, defendants James and Renee Beyer recently filed a certificate of service certifying that their supplemental responses to the plaintiff's request for production were mailed to the plaintiff's attorneys.

York sued the Beyers, who own the dog, on Sept. 1, 2011.

According to the complaint, York walked onto the Beyer's porch on Garfield Avenue in Granite City in August 2010 to deliver the couple's mail. While he was on the porch, York says a white dog came out the front door - unprovoked - and attacked him.

The Beyers deny the allegations. They claim that when York entered the porch, he provoked their dog.

They say that York failed to determine if it was safe to approach the door of the defendant's home.

The Beyers also claim that York did not inform them they should install a curbside mailbox, so a letter carrier would not have to enter their porch to deliver mail.

They also state that York failed to maintain his balance, and some of his injuries were a result of an overreaction to the dog.

As a letter carrier, York assumed risk and failed to mitigate his damages, the Beyers claim.

They say he was more than 50 percent negligent and should be barred from any recovery.

According to York's complaint, the dog bite caused injuries to his shoulder and neck that required medical attention and caused pain and suffering along with emotional distress.

York claims the Beyers are negligent for failing to control their dog and failing to provide a safe place to deliver the mail. He asks for more than $50,000 in damages for medical expenses, lost wages and court fees.

Attorneys Peter S. Blase and Dawn Kamadulski O'Leary both of Granite City are representing York.

Stephen Mudge represents the defendants.

A case management conference has been set for Feb. 29, 2012.

Madison County Circuit Court Case No. 11-L-875.

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