A dog groomer being sued after a 100 pound-plus Mastiff leaned on a customer seeks to transfer the case to Macoupin County, where the alleged incident occurred.
According to the Oct. 14 complaint, plaintiff Kathy Johnson is suing Aunt Phyllis Scamps & Champs, owner Gwaine Crawford and administrator of the estate of the now deceased co-owner Phyllis Crawford and attorney Doug Mendenhall.
Johnson claims that on Oct. 30, 2012, the dog either leaned or fell with all of its weight while she was standing, causing her to fall and injure her buttocks and back.
She blames the defendant for failing to warn her of the dog’s tendency to fall or lean on people, the suit states.
Crawford filed a motion to transfer venue to Macoupin County on Nov. 3.
She alleges the alternate venue is more appropriate because the alleged incident occurred in the city of Sawyerville, which is in Macoupin County.
Additionally, she claims transfer is proper because the parties living at the time of the occurrence resided in Macoupin County.
In a Dec. 5 order, Circuit Judge Barbara Crawford granted Johnson leave to conduct discovery as a result of the defendants’ motion to transfer.
“Plaintiff and defendants to submit an order to the court by agreement transferring case to Macoupin County upon completion of … discovery unless the facts warrant otherwise,” Crowder wrote.
Johnson seeks damages in excess of $50,000, claiming the defendants violated the Illinois Animal Control Act.
The plaintiff is represented by John C. Webster of Williamson, Webster, Falb and Glisson in Alton.
Stephen C. Mudge of Reed, Armstrong, Mudge & Morrissey, P.C. in Edwardsville represents Crawford and the estate of Phyllis Crawford.
Madison County Circuit Court case number 14-L-1406