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Wednesday, November 20, 2019

St. Louis mother sues landlord, maintenance man over 2017 dog attack


By Karen Kidd | Jul 5, 2019

General court 06

BELLEVILLE — A St. Louis woman is suing her landlord and a maintenance man after a dog allegedly attacked her son in 2017.

Plaintiff Joan Van filed the lawsuit on behalf of her minor son Kenwyn Horn on June 7 in St. Clair County Circuit Court against Chuck Jackson and Keith Lewis.

According to the complaint, Lewis was a landlord for property located at 4012 State Street in East St. Louis, and Jackson was employed by Lewis to perform maintenance repair work. On April 8, 2017, Jackson allegedly brought his dog with him to the East St. Louis property to do maintenance work. 

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The suit states that Jackson "permitted his dog to roam around the yard on the premises where he was scheduled to do repairs and where children played."

Van claims her minor son "without provocation, was attacked by defendant Chuck Jackson's dog at the premises while he was doing maintenance work," the six-page complaint states.

The plaintiff claims "Lewis knew or should have known the defendant Jackson was bringing his dog on maintenance repair jobs" when "Jackson was acting as an agent and/or employee of Keith Lewis."

Van claims Jackson was negligent for allowing "his dog to roam free without a leash" and that he "knew or should have known the dog had a vicious or dangerous propensity," and that Lewis was negligent because he owed "a duty of ordinary care" to avoid causing injury, the lawsuit states.

She alleges her son suffered severe and permanent physical injuries requiring expenses for necessary medical care and treatment, mental anguish, pain and suffering, disability, disfigurement and loss of a normal life. 

Van and Horn allege two counts each of violations of the city's Animal Control Act and negligence. 

The animal control act provides that "if a dog or other animal, without provocation, attacks or injures any person who is peaceably conducting himself in any place where he may lawfully be, the owner of the dog or other animal is liable in damages to such person for the full amount of the injury sustained," the lawsuit states.

Van is asking for a judgment in excess of $50,000, plus costs for each alleged animal control violation and negligence count.

She is represented by Belleville attorneys Lloyd M. Cueto and Michael Gras.

St. Clair County Circuit Court case number 19-L-433

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