Ruth denies defense summary judgment over dog attack

Madison County Circuit Judge Dennis Ruth on Feb. 10 denied a defense summary judgment motion involving a personal injury suit over a dog attack.

Tammy Wall, the mother of 6-year-old Lilly M. Wall, sued Kristine Walker, Luther F. Walker and Judith A. Walker, claiming the girl was attacked while playing with a friend at a home located at 825 Hawthorne Ave. in Wood River on Sept. 2, 2008.

The girl suffered scarring and disfigurement and experienced great pain and anguish, according to the complaint.

The Walkers stated in their summary judgment motion that the lawsuit had no genuine issues of material fact.

“Discovery has demonstrated that as a matter of law, neither Luther nor Judith Walker were owners of the dog, pursuant to the animal control act.” As a result, the defendants were entitled to judgment in their favor as a matter of law, the motion stated.

The Walkers stated the plaintiff did not know who owned the dog in their memorandum of law in support of their summary judgment motion.

Michael Bedesky of Reed, Armstrong, Gorman, Mudge & Morrissey in Edwardsville represents the Walkers.

Eric J. Carlson of Byron, Carlson, Petri and Kalb in Edwardsville represents Wall.

Michael Bedesky of Reed, Armstrong, Gorman, Mudge & Morrissey in Edwardsville represent the defense.

Madison County Circuit Court case number: 10-L-907.