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Tuesday, May 20, 2008

$1.8 Million Dog Attack Settlement Awaiting Florida House Approval

1.8 Million Dollar Award Approved
UPDATE 05/20/08: Daniel December will receive $1.8 million dollars from the Orange County School Board after being severely mauled by a pit bull-mix near a school playground. Daniel still has much recovery ahead of him. DogsBite.org sends our wishes and prayers to Daniel, his family and all who have helped him on this long journey.

04/24/08: Daniel is One Step Closer to Relief
In a case that practically defies legal possibility, Daniel's case passed the House of Representatives’ Schools & Learning Council by a vote of 16-0. The unanimous vote brings his settlement one step closer to reality. The bill now must pass the full House and gain the governor's approval. Opposition is anticipated.

04/18/08: Daniel Decembre Awaits Florida House Ruling
Orlando, FL - The Orange County School Board was ordered by the Florida Senate to pay $1.8 million to the parents of a boy badly mauled by a dog at Ridgewood Elementary School in 2003. Daniel Decembre was severely injured as an 8-year-old while on school grounds. The measure still has to pass the House.

On the day of the attack, Daniel was waiting to start a tutoring class when a 50-pound, pit bull-Labrador mix named Solomon raced onto the school playground and attacked Daniel. Before teachers and passersbys could pull the dog off the child, Daniel was badly bitten on the eyelids, cheeks and chin. He lost much of his right ear and later had to have his left ear amputated.

Daniel has undergone several surgeries since the attack, fell a year behind in school, and suffers lasting psychological trauma, according to Senate analysts. Records showed that Ridgewood Park officials had called animal control officials 19 times in the preceding three years to have dogs removed from the school grounds, although none of the complaints involved dog bites.

The family sued the school board in 2005. The board denied negligence but reached a $2 million settlement with the family. Under the state's "sovereign immunity" law, damage awards against governments are limited to $200,000 and the family must win legislative approval to collect the larger award. The measure still must clear the Florida House.

Daniel's family said the boy was dropped from its insurance plan shortly after the attack. Since then, medical bills have reached into "the six-figure range." Daniel's parents will use the money to pay these bills and for more surgery. A large mass of scar tissue on his right ear needs to be removed. He also will need skin grafts to remove scars and surgery to prepare the left side of his head for a prosthetic ear.

Related article:
Additional Case Background - Reeves Law Group

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posted by bitbypit  |  permalink  |   9 comments   |   AddThis Social Bookmark Button   |  
 

9 comments:

a 7 and 1/2 month old puppy!!!
snuffed out in the prime of life.
he coulda had class. he coulda been a contender. he coulda been somebody, instead of a bum.

by Anonymous Anonymous 4/16/2008 7:37 PM  |  Flag as abusive  

Last year NY city was liable for a $5 Million judgement when one of it's police officers picked up a stray pit off the streets and gave it to a family. The subsequently mauled one of the kids and the city was on the hook.

I don't understand why the liability doesn't extend to breeders or agencies that adopt out the dogs.

by Anonymous Anonymous 4/17/2008 5:07 AM  |  Flag as abusive  

And how much has the owner paid for the damage done to this child? Why isn't the OWNER of the dog in prison?
by Anonymous Anonymous 4/17/2008 6:33 AM  |  Flag as abusive  

I would also like to add that I feel this is a form of child abuse; owners of dangerous dogs who, time and again, let them run loose...especially in a neighborhood full of kids.....are no better than pedophiles. These people are deliberately putting children in harms way. If you drove drunk and ran over a child with your car, you would end up in prison. But it's OK to get a pit bull and let it run loose and maul or kill a neighborhood child? It doesn't make any sense. People who own these dogs need to be in prison.

There is no real incentive NOT to own these dogs...nothing happens to the owners when the dogs maul or kill. Society and the victims keep picking up the tab, the owners slink away, and the breeders keep making money. It's a system that needs to be fixed.

by Anonymous Anonymous 4/17/2008 6:46 AM  |  Flag as abusive  

The net costs of Pit Bulls to communities keeps adding up, six figure maulings, crowding the shelters, killing dogs/livestock and now judgements....

They do however, provide valuable marksmanship practice for law enforcement.

by Anonymous Anonymous 4/18/2008 4:31 AM  |  Flag as abusive  

Police marksmanship practice is right! In an older thread about the police gun range in Oceanside, one area resident complained, "The police don't go for accuracy. They just pump as many bullets as they can into whatever they shoot at. Take a certain pitbull that got shot in the foot yesterday. Couldn't even shoot that right."

Clearly, people want pit bulls shot properly, but I'd have to argue this person has never tried to hit a moving pit bull with a side arm. Some departments lack a standard pit bull protocol, but more and more officers will go 10-97 and emerge with a shotgun. That's evidence of good training and/or experience.

by Anonymous Anonymous 4/18/2008 3:17 PM  |  Flag as abusive  

Do we know what happened to the owner of this dog? Were their ANY consequences at all? Drunk drivers are put in prison for hurting people, even if the intention was not there. If you want to own a pit or pit mix, you are already consciously making a decision to keep a breed of dog that can pose a danger to your neighbors. When you subsequently don't contain the dog, you have acted consciously to put your neighbors at risk.

Therefore, criminal penalties should be brought against anyone whose dog makes an unprovoked attack on a person, if the dog is of a breed known to guard or fight, regardless of the dogs previous behavior. "Intent" can be proven by the decision to own that breed.

by Anonymous Anonymous 4/25/2008 1:46 PM  |  Flag as abusive  

We Know This Much: Click Here
Owners Clyde and Gloria Salle said Solomon bolted from the house through the front door. Usually, the dog is chained in the backyard, Clyde Salle said.

Clyde Salle said the dog has never bitten anyone in his family. “I don’t know how to tell Daniel’s dad and mom I’m sorry,” he said. “I would never have intentionally left that dog out. It was an accident.”

An archive search will need to be done for more.

by Blogger bitbypit 4/25/2008 2:38 PM  |  Flag as abusive  

I have a feeling this town will be more attentive to animal control issues now!
by Anonymous Anonymous 5/20/2008 5:24 PM  |  Flag as abusive  

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