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Shuswap woman suing neighbour after 'excitable' dog knocked her down

Suing over 'excitable' dog

A Shuswap woman is suing her neighbour, alleging his “excitable, aggressive” dog knocked her down two years ago and caused significant injuries.

In a notice of civil claim filed this week in B.C. Supreme Court in Kamloops, Donna Marie Currie is seeking compensation from the dog’s owner and the woman who was walking the canine when it is alleged to have knocked her down.

According to the document, Currie was walking along Pleasant Dale Road West in Sorrento on March 5, 2019, when she was tripped by the dog.

“The dog walker knew, or ought to have known, that the dog had a propensity to attempt to escape, escape and charge at pedestrians while they walked,” the claim states, also accusing the dog of having “a history of nuisance-like behaviour.”

“The dog walker failed to properly restrain or confine the dog, or at all. The dog walker failed to take reasonable care to keep the dog under control.”

The document names the dog’s owner as Bill Fletcher and the walker as Kathy Naylor. Neither of them have responded to the claim, which was filed on Tuesday.

According to the claim, the fall caused Currie significant neck pain, severe pain in her left arm, pain in both shoulders, back pain, knee damage and a swollen and bruised ankle and foot.

The document states Currie still feels the impact two years later.

“The plaintiff continues to suffer from symptoms associated with the fall, with the result that her activities are greatly restricted and she has undergone and continues to undergo pain and suffering, and has suffered and continues to suffer loss of enjoyment of the amenities of life and loss of the ability to carry out her normal day-to-day household, leisure and personal care activities,” it reads.

Currie is seeking damages as well as health care costs and legal costs, though no dollar amount is set out in her notice of claim.

Fletcher and Naylor will have 21 days to respond once they have been served.

None of the allegations in the notice of claim have been proven in court.



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