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RECEiVED
NOTICE O� CLAIM
APR 12 2013
Section 466.OS,Subd. l,Minn. Stats. ,
CITY CLERK
i T0: City of St. Paul,Animal Control
' c/o: Mr. William Stephenson,Animal Coi�trol Supervisor
` Animal Control Center
1285 Jessaniine Avenue West
Saint Paul,MN 55108
City of St, Paul
Shari Moore, Clerk
� 15 W Kellogg Blvd.
St. Paul,MN 55102
Pursuant to Minnesota.Statutes Annotated 466.05, Subd. l, notice is hereby given of a
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ciaim against City of St. Paul,Animal Control Center C/O Mr. William Stephenson,Animal
Control Supeivisor, as well as the City of St. Paul and their unknown agents aiid employees as
discussed below, for the personal injuries and property damage suffered by Gregory J, Egan IV
in connection with an incident that occurred on October 20,2012. At all times relevant hereto,
Mr. �gan was a resident of St. Paul, Rainsey County,Minnesota.
On October 20, 2012, at or near 953 Marion Street, St. Paul, Minnesota, in the course
unloading�roceries from his vehicle,which was pvked directly outside his residence,Mr, Egan
and his Labrador dog were viciously attacked on two separate occasions by a large unrestrained,
unvaccinated nlale pit-bull named"Blue,"who had broken free of his leash ran a significant
' distance and attacked Mr. Egan's dog, which was restrained in Mr, Eg�n's arms at the time of the
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' attacic. Ms. Cl�ristina Sullivan/Hudson(the owner of the pit bull)failed to take the appropriate
! action to further the safety of the cominunity and prevent the unprovoked attacks on Mr. �gan
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� and his dog and was in fact not even preserit on the scene, instead havnzg entrusted her large,
� violent animal to the care of her juvenile son of slight build, The juvenile on scene made i�o
I effort to intervene and was unable to control the large and dangerous pit bull. After attacking
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Mr, Egan's dog, the bit bull attacked and severely injured Mr. Egan. It was only after several ;
unprovoked attacks that t11e pit bull hesitated in its atfack posture long enough for Mr. Egan to
put his dog in his car, close the door,and rush his dog to an afier-hours emergency veterinarian
a.nd himself to a hospital for urgent treatment of injuries inflicted by the pit bull. "Blue's"
owner,Ms, Christina Hudson/Sullivan had a documented history as an irresponsible dog owner,
having failed to license"Blue"or provide vaccinations,despite at least one prior criminal charge
for a 2011 incident of similar nature,which deinonstrated tl�at this dog was a threat to public
safety. This documented history involving Ms. Hudson/Sullivan and her dog"Blue"was wi.thin
� the scope of actual andlor constructive knowledge of the City of St. Paul,its agent,Mr.
� Stephenson,the St. Paul Police Department,and/or other relevant City employees who had a
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� duty to protect the public from dangerous dogs Uy virtue of their employment. The City of St.
Paul and its agents, and employees including Mr. Stephenson, declined to promote and protect
the safety of the general public in a way that would have prevented the above ancident,by taking
� effective deterrent action against either`Blue," an animal with at least one documented prior
incident, or against Mr. Sullivan/Hudson,a dog owner with a docuinented history of
noncompliance with laws designed to prevent incidents such as fhe foregoing that occurred on
October 20, 2012. It is well-known, moreover,within Mr. Stephens�n's profession,that the pit-
� b�ill bi•ead of dogs is inherently dangerous and that once an individual animal of this breec�
+ demonstrates aggressive behavior sr�vift and appropriate action must be taken in the interest of
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� public safety.
i Contrary to his duty io protect the pul�lic from potentially dangerous dogs, Mr.
_j Stephenson failure to initiate proceedings to l�.ave"Blue" euthanized or ta initiate a civil
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iinvestig�tion/proceeding t� declare"Blue"a potentially dangerous animal,whicll would have
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� triggered a requirement that Ms. Sttllivan/Hudson,or any other subsaquent owner of the
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� "potentially dangerous animal"properly restrain and control the dog and provide proof of valid
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� liability insurance policy in orcler to maintain a license to keep tl�e animal in the City of St. Paui.
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j Such actions which were within the scope of the authority of Ivlr. Stephenson, and/or his
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designated counterpart and would have prevented the harm—physica.l, emotional,and
pecuniary—suffered by Mr. Egan as a result of the vicious, and completely preventable a.nimal
attack ii�the instant case.
Furtherznore, Mr. Stephenson and the City of St. Paul were negligent between October
24, 2012 and October.31, 2012 with regard to the quarantine ordered, and the handling of this
incident. The City of St. Paul declined Mr. Egan's request that"Blue"be tested for rabies. Over
Mr. Egan's objection, The City of St. Paul authorized an"owner supervised quarantine" even
after it was brought to the attention of the Office of Animal Control that, by Ms.
Sulivan/Hudson's own adinission, as conveyed to Mr. Egan through the reporting St. Paul Police
officer,Megan Monsoan, "[Blue] gets out `from time to time,' so [Ms. Sullivan/Hudson] cannot
really be sure of how many other attacks there have been." When, following the sound medical
advice of his physician, Mr. Egan attempted to follow-up with St. Paul Animal Control to obtain
adequate assurances that"Blue"did not have rlbies, a disease with a near 100% fatality rate
when contracted in htunans and untreated within ten (10}days, flnimal control declined to
provide any assurances,records,protocol, or even the last name of the supervisor, despite
rnultiple phone calls, and two in-person visits by Mr.Eg1n to Animal Control's central office
Uetween October 20 and October 31, 2012. Mr. Stephenson refused to return any of Mr. Egan's
phone calls or respond to the visits to the off ce until after October 31, 2012. In November of .
2012, Mr. Stephenson finally took one of Mr. Egan's phone calls. In the course of Lhat phone
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� call Mr, Stephenson refused, as his subordinates had previously refused,to provide any
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i documentation regarding whether"Blue"had successfully cleared the rabies quarantine. This
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; c�used Mr. Egan to suffer further worry, distress and injury.
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i As a direct and proximate result of the conduct of the City of St. Paul and its agents Mr.
� Gregory J. Egan IV sustained severe personal injuries,resulting in medical and related expenses,
pain, sufferiilg,disfigurement, and property damage,past and future.
f The �imount of damages claimed at this time in an amount in excess of Fifty Thousand
' and No/i 00 Dollars ($50,000.00).
Dated this �V day of April,2013.
O'Flaherty Heim Egan & Bir»b�um Ltd.
Attorncys for Claininnt
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i I , MN ar No. 25951
treet, Tenth Fl or
La Crosse, WI 54601
(608) 784-1b05
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By
Gregory. . Egan I
953 Marion Street
St. P�ul MN SS 11'7
Claimant
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