Callis continues mailman's lawsuit against dog owners

Christina Stueve Mar. 2, 2012, 9:00am


Madison County Chief Judge Ann Callis on Wednesday continued a case management conference in a man's personal injury case until March 28.

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

York filed a second amended complaint against the owners of the dog on Feb. 8.

Dog owners James and Renee Beyer recently filed a certificate of service stating that their supplemental responses to the plaintiff's request for production were mailed to the plaintiff's attorneys.

York originally filed sued against the Beyers on Sept. 1, 2011.

According to the complaint, York walked onto the Beyers' 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 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.

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

Stephen Mudge represents the defendants.

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

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