BELLEVILLE -- A Dupo man is suing neighbors over an alleged attack by a mixed breed pit bull that he says left him with an injured arm.
Brian Flynn filed suit in St. Clair County Circuit Court over the alleged attack at the 2112 S. Main St., home of James Flynn and Annette Flynn in Dupo.
According to the complaint, Flynn was invited as a guest to the Flynns' house June 18, 2017. While there, the suit alleges, he was attacked by the dog, which was in the back yard and unleashed. The dog "had a history of the animal bites, attacks, and threatening behavior," the complaint states.
An attorney for the plaintiff did not respond to requests for comment from the Record.
The suit alleges the Flynns knew about the dog's "violent, vicious, and aggressive propensities and previous history," but they never warned the plaintiff.
As a result of the alleged attack, Brain Flynn says he was injured in the arm, "suffered great fright and shock" as well as pain, anguish, and disfigurement. He seeks in excess of $50,000 in damages.
The suit alleges a violation of the Illinois Animal Control Act, which states that if a dog attacks a person who is "peaceably conducting" himself in a place where he is lawfully allowed to be, then the owner is liable for the injury.
The suit also alleges negligence on the part of the owners because they failed to take measures to protect the visitors to the premises, or warn them.
According to the complaint, the defendants "falsely claimed the dog was friendly" when it had a history of threatening behavior. Further, it was allowed to "run free" and was not properly monitored.
The defendants "negligently, carelessly, and recklessly owned, harbored, and kept a pit bull on the premises that they knew, or reasonably should have known to be vicious, dangerous, and threatening."
Brian Flynn is represented by Lieser Law Firm of St. Louis.
St. Clair County Circuit Court Case number 19-L-446