Kamadulski O'Leary
Blasi
Mudge
A letter carrier who is suing a Granite City couple over dog bite injuries is denying the defendants' affirmative defenses.
The case involves plaintiff Gary York and his case against James and Renee Beyer of Granite City after the couple's dog allegedly attacked York as he delivered mail.
The Beyers, through their attorneys at Reed, Armstrong, Gorman, Mudge & Morrissey, state that York's conduct of entering their property and porch provoked their dog with his mail bag.
They also claim York failed to determine if it was safe to approach the door of the defendants' home prior to doing so and failed to notify them that he preferred not to enter the porch in order to deliver mail.
In addition, the Beyers claim York failed to maintain his balance, and that some of his injuries are a result of his failure to maintain his balance or an overreaction to the dog.
The Beyers claim that York assumed risk by approaching their home when he knew a dog lived there that was prone to barking at strangers.
York originally sued the Beyers on Sept. 1, 2011.
According to his 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.
He claims 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 Beyers.
Madison County Circuit Court Case No. 11-L-875.