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Lawsuit Filed Over Dog Bites

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A Middlebury woman who walked a dog being held at the town's Animal Control Center at Fairfield Hills, has sued the town and others over that dog having bit her in February 2016.

In the civil suit filed recently at state Superior Court in Danbury, Joelle DeVito names the Town of Newtown, Canine Advocates of Newtown, LLC, and the Newtown Animal Control Center at 21 Old Farm Road as defendants.

According to the court papers, on February 28, 2016, Ms DeVito was serving as a volunteer dog walker for Canine Advocates and for the Animal Control Center. Ms DeVito walked the mixed-breed dog known as Rusty.

After the dog walk, she returned to the dog pound and the dog entered an open cage there, according to the court papers.

"Suddenly, without warning, the dog Rusty turned around and savagely attacked the plaintiff, gnashing its teeth into the plaintiff," according to the suit. The dog "severely bit" Ms DeVito on both hands, resulting in "severe pain, injury and losses," according to the court papers.

The plaintiff had not teased, tormented, or abused the dog, according to the lawsuit.

The incident resulted in Ms DeVito experiencing injuries to both hands and to a forearm, nerve injuries to the right hand, infections, contusions, scarring, fright and fear, the lawsuit claims. Medical care was required to clean and treat the wounds, and surgery and prescription medications were required, it adds. Also, future medical care will be needed, according to the civil suit.

Ms DeVito has needed to spend much money for medical care, treatment, and tests, and will need to spend more money in the future, it adds.

The incident has caused pain, suffering, anxiety, stress, sleep problems, nightmares, the fear of dogs, scarring, distress, and a restriction of activities, according to the legal papers.

The plaintiff claims that Canine Advocates and the dog pound knew or should have known that the dog was vicious and aggressive, adding that the defendants were negligent and careless. The plaintiff makes various other claims against the defendants, including that the defendants had not warned people of the dog's alleged known viciousness.

Through the lawsuit, Ms DeVito, who is represented by attorney Joseph Traumuta of Middlebury, is seeking compensatory money damages in an unspecified amount, exceeding $15,000.

Asked to comment on the claims made in the lawsuit, Town Attorney David Grogins said the matter is being referred to the town's insurance company.

Virginia Jess, who is listed in the lawsuit as the agent for Canine Advocates, declined comment on the case. The group is a nonprofit organization.

The defendants have an August 15 court return date in the case.

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