Man Asks That Dog Bite Suit Be Dismissed

Madison County, Illinois Circuit Judge Daniel Stack has been asked by the defendant to dismiss the case of a man who allegedly allowed his dog to bite a friend within his home resulting in personal injuries.

The motion to dismiss the dog bite suit pursuant to Section 2-615 of the Code of Civil Procedure was filed on July 14 by defendant Jerrett Scott.

The case was filed on May 30 by James Luebbert, who claims that he was at the Bethalto, Illinois home of Scott on June 2 of last year when Scott’s dog attacked him. Luebbert said that he was lawfully on Scott’s property and conducting himself in a peaceful manner when he was attacked.

According to Luebbert, he sustained personal injuries to his lower right leg in the attack. He claims that he has incurred past and future medical expenses, lost wages, pain and suffering, and disability.

However, in his motion to dismiss Scott alleges that Luebbert’s complaint attempts to plea a strict liability remedy, but there are no negligence claims or statutory references.

According to the motion, Luebbert is required to prove that Scott’s dog had a “dangerous propensity” to cause injury and that Scott was aware of that propensity in order to recover damages for the attack.

According to Scott, because Luebbert has failed to allege the necessary elements in his complaint, he has failed to state a cause of action for which he can receive compensation.

Luebbert seeks damages exceeding $50,000 in addition to costs of suit.