A Huachuca City man who suffered permanent injuries when attacked by two dogs last year while out walking with his grandson and his own dog has filed a negligence lawsuit against the owner of the other dogs.
Keith Jongeward’s negligence complaint stems from a Jan. 26, 2021 incident when he took his 10-year-old grandson for a leisure walk in the neighborhood. That is when two dogs belonging to Nathan James Medina charged at the trio.
According to the lawsuit, Jongeward fought off the dogs “for about a block” while screaming for help from nearby residents.
“Plaintiff attempted to keep the dogs at bay so that his minor grandson could get away,” the lawsuit states. “Plaintiff was bitten on the fingers and legs during this time. In addition, he was knocked to the ground. His dog was savagely mauled and injured.”
Jongeward’s dog “nearly died as a result of this incident” and required extensive medical treatment, the lawsuit states. For his part, Jongeward suffered a huge leg gash along with broken fingers, one of which is now permanently disfigured, the lawsuit states.
In addition, Jongeward says he has experienced psychological damage related to being outside and around dogs.
Medina’s attorney with State Farm Insurance filed an answer with the court admitting Medina owed a duty of care to control his dogs. Instead, the dogs “got out as he was closing his automatic garage door” on Jan. 26, 2021.
However, the answer denied many of Jongeward’s other allegations and advised that Medina “has insufficient knowledge” at the time upon which to form a belief on other allegations.
Public records also show Jongeward’s attorney sent a settlement offer earlier this month to Medina’s attorney. The offer must remain on the table for 60 days under court rules. If Medina loses at trial, a sanction could be imposed if the jury orders Medina to pay more in damages than Jongeward was willing to settle for.
Next up for the parties is a joint filing of a proposed scheduling order to set various deadlines in the case. A jury trial would likely not be held until mid-2023.
The Huachuca City Municipal Court shows Medina pleaded guilty last year to four misdemeanors of a vicious animal at large. He was also found responsible for two civil code violations related to animal licensing and to allowing the dogs to run loose, for which he paid a total of $1,110 in court fines and fees.
