A family that was attacked by a "vicious animal" in Madrid last April has filed a lawsuit against the dog’s owners for failing to keep it leashed up, and the city for failing to have laws against violent dogs.
On April 28 in rural Madrid, Caren and Laine Henry say they were walking their dog near 13141 Zook Spur Road when a 50-pound Labrador mix named Buddy ran out of a yard and attacked them.
The AP reported that the woman’s nose was severely injured and the husband had to resort to biting the dog on its nose to get it to stop the attack. She was reportedly bit on her abdomen and right thigh and had her nose torn off.
The lawsuit claims that Thomas Goodson, Marcus Johnson and Michaela Munford, who were Buddy’s owners, were negligent in not keeping him restrained despite a history of attacks on other animals.
The lawsuit also contains claims against Dallas County and its sheriff Chad Leonard, who, according to the petition, had knowledge that the dog was dangerous and failed to put any policies in place regarding the keeping of vicious animals.
Leonard and the county are alleged to have committed civil rights violations of the Henry’s fourteenth amendment rights.
The civilian defendants in the case have filed an affirmative defense, saying that the Henrys were guilty of "contributory fault" which caused the attack and resulted in their injuries.
The lawsuit was moved to federal court in June by Leonard and Dallas County. On July 18, the Henrys filed a motion to send the case back to Dallas County District Court.
Dallas County has no ordinance pertaining to vicious dogs. The Dallas County Board of Supervisors began to look at the issue shortly after the attack occurred at their May 7 meeting but no new laws were ever created to address the subject.