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In April 2020, our client, who was 10 years old at the time, was playing at a local playground with her brother when she was viciously attacked by an unleashed pit bull. The attack was captured by a nearby Ring doorbell camera. Our client and her little brother tried to run home and escape the attack, but unfortunately the pit bull caught up with our client and savagely knocked her to the ground before biting her leg.   

Our client incurred approximately $9,000.00 in medical bills and even underwent counseling for the PTSD she suffered after the attack.  Our client was left with a permanent large scar on her leg. 

To make matters worse, the defendants’ dog had previously attacked and bitten before. In spite of that, the negligent dog owners allowed the viscous animal to roam free and put the entire community at risk.  The insurance company for the dog owners made a low offer of $24,000.00 and advised they would never evaluate the case higher.   

Attorney James Theisen refused to accept the adjuster’s evaluation and a lawsuit was filed. Once filed, Attorney Theisen petitioned the court to add a count for negligent infliction of emotional distress and punitive damages.  Once granted by the court, the defendants’ attorney offered the insurance company’s full six-figure policy limits. The insurance company and the defendants had to accept responsibility for their negligence. Also, the insurance company now understands that Hupy and Abraham means business.


James K. Theisen
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Associate Attorney, Hupy and Abraham