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Last modified: Thursday, May 1, 2008 1:34 AM EDT
Dog bite victim seeks $95,000 from Foxboro
BY FRANK MORTIMER SUN CHRONICLE STAFF
FOXBORO - The family of a teenager who underwent a series of rabies shots after being bitten by a dog at the Foxboro Dog Park Feb. 10 before current monitoring was in place has demanded a $95,000 settlement from the town.
"My client sustained serious injuries and damages as a result of the willful, wanton and/or reckless conduct of both the Board of Selectmen and the conservation commission in connection with their approval, operation and management" of the dog park, attorney Joseph F. Krowski wrote the boards Tuesday on behalf of Edmund J. Jones of Plainville.
The $95,000 ticket comes a week after a separate $450,000 demand by abutters and other residents alleging a variety of civil rights and other violations attributed to the dog park's approval and operation.
Land Court Judge Keith Long, in a conference call with opposing attorneys Monday, backed the conservation commission's requirement that all visitors to the dog park, with or without a pet, must sign in, according to town attorney Sam Perkins.
The judge did not, however, address the monetary claim which attorney Edward Valanzola made to the commission and selectmen for alleged violations of the rights of 18 abutters and neighbors.
"I think it's time everyone should step back and stop trying to provoke problems that don't come out of the normal operation of the dog park," Perkins said.
Valanzola and some of his clients entered the park on April 17 and declined to sign in or to show identification as required under a rule approved by the conservation commission.
The judge in the phone conference this week rejected Valanzola's claim that the sign-in rule exceed the judge's own previous orders, which stated that "dog owners" must sign in.
In the Feb. 10 biting incident, the monetary demand comes from a different lawyer and plaintiff.
Krowski's six-page injury claim notice to the two town boards gives a detailed version of how Jones, a senior at King Philip Regional High School, was bitten at the Foxboro Dog Park, his injuries and pain, his family's efforts to obtain medical attention, his time-consuming trips to Norwood Hospital for a series of rabies shots and medical costs.
Citing public records, it contends that the two boards and dog park co-founders, Deborah Cunniff and Heather Harding, "did not take seriously the risks associated with the operation of an off-leash dog park. Krowski wrote that legal action will be taken if the town fails to settle Jones's claim "in a timely fashion."
Among other warnings to town officials who were contemplating allowing a privately run, off-leash dog area at Cocasset River Park, Krowski wrote, health agent George Young in a June, 2006 memo cited the potential for dog bites.
"What is the liability to the Town (as they are owners of the site) if the incidents of dog bites becomes a problem?" Young asked in his memo, two months before the park opened. "I don't wish to sound like a skeptic but I'm just doing due diligence relative to the risk assessment." |