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NORTHERN CALIFORNIA RECORD

Thursday, September 19, 2024

County Animal Shelter Sued Over Vicious Dog Attack

State Court
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A horrifying dog attack at a local animal shelter has led to a lawsuit against the County of Santa Clara. Carolyn Beth El-Shammaa filed the complaint in the Superior Court of California, County of Santa Clara, on August 19, 2024, naming the County of Santa Clara as the defendant.

According to the court documents, El-Shammaa visited the San Martin Animal Shelter on September 24, 2023, intending to participate in their "Doggie Day Out" program. During her visit, she was attacked by a German Shepherd named Teddy. The lawsuit claims that Teddy had been let out of his crate and left in a play area by a volunteer named Cindy. After receiving permission from both Cindy and a shelter employee to enter the play area and socialize with Teddy, El-Shammaa was viciously attacked when she attempted to pick up a tennis ball near him. The attack left her with severe injuries including multiple lacerations on her scalp and permanent disfigurement of her left ear.

El-Shammaa alleges that shelter staff were negligent in their duties and failed to warn her about Teddy's aggressive behavior. Statements made by shelter staff after the attack indicated that they were aware of Teddy's dangerous propensities. Comments such as "Who let her in there? You know he’s attacked before," and "He’s already on the euthanasia list," suggest prior knowledge of Teddy's aggressive nature. Despite this knowledge, no warnings were given to El-Shammaa about Teddy's toy aggression or his history of attacks.

The plaintiff accuses the County of Santa Clara and unnamed defendants (DOES 1-50) of negligence under several causes: general negligence, negligent hiring, training and supervision, premises liability, and strict liability for dog bites under California Civil Code §3342. The lawsuit asserts that COSC failed to properly train its employees and volunteers on handling dangerous animals like Teddy and did not have adequate procedures in place to prevent such incidents.

El-Shammaa is seeking general non-economic damages for pain and suffering, special economic damages for medical expenses incurred due to the attack, lost wages, loss of future earnings capacity, property damage costs, pre-judgment interest on damages if applicable, costs of suit, and any other relief deemed just by the court.

The case is being handled by attorneys Tanya Gomerman and Robert Hester from Gomerman | Bourn & Associates. The case ID is 24CV445454 with Judge M. Bui reviewing it.

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