UPDATE @ 7:10 p.m. Aug. 12
An attorney handling Klonda Richey’s estate has dismissed a wrongful death lawsuit against dog owners Andrew Nason and Julie Custer.
Richey, 57, was mauled to death Feb. 7, 2014, outside her East Bruce Avenue home in Dayton by her neighbors’ two mixed-mastiff dogs.
The suit — filed in Montgomery County Common Pleas Court — claimed Nason and Custer negligently failed to restrain, control and confine their dogs. They also negligently failed to protect Richey “from the known and foreseen risk of attacks by their dogs,” according to the suit.
The case was set to go to trial Aug. 24, but the parties are now seeking a resolution, said David Gast, an attorney representing Richey’s estate.
A second lawsuit filed on behalf of Klonda’s sister-in-law Barbara Schneider remains in place. That suit was filed Feb. 6, 2014, against Montgomery County commissioners; the county Animal Resource Center as well as its director and county Dog Warden Mark Kumpf; and several others. It seeks seeks monetary damages, funeral and burial expenses, punitive damages, attorneys’ fees, court costs and declaratory and injunctive relief, according to court documents.
FIRST REPORT, Feb. 13, 2015
An attorney handling Klonda Richey’s estate has filed a wrongful death lawsuit against Montgomery County officials for the Feb. 7, 2014, dog mauling that killed Richey.
The suit names as defendants the Montgomery County Commissioners, the Montgomery County Animal Resource Center, ARC director/Montgomery County Dog Warden Mark Kumpf and various John Does.
The suit filed in Montgomery County Common Pleas Court by Barbara Schneider – Richey’s sister-in-law — claims eight causes of action and seeks monetary damages, funeral and burial expenses, punitive damages, attorneys’ fees, court costs and declaratory and injunctive relief.
The suit is in addition to the wrongful death lawsuit against Richey’s neighbors Andrew Nason and Julie Custer, whose mixed mastiffs mauled and killed Richey, 57, outside her East Bruce Avenue home. That suit is scheduled to go to trial in August.
Nason and Custer were not indicted of any felonies, but each face a Dayton Municipal Court trial in April on two misdemeanor charges for failing to control their dogs. They each face six months in jail and a $1,000 fine if found guilty.
After the attack, Richey’s lifeless body laid outside in sub-freezing temperatures until a passerby reported seeing a naked body in the snow around 8:15 a.m. When police responded, the dogs charged them and were fatally shot.
The suit claims Richey repeatedly reported to county officials that her life was in imminent danger. Instead, the suit claims, “Defendants did nothing and Ms. Richey was killed.”
The suit alleges Richey made 16 calls to 911, filed about a dozen reports with the ARC and in September 2012 petitioned for a civil protection order against Nason.
“Knowing full well the lengths Ms. Richey had undertaken to seek protection, defendants failed to remove the dogs from the premises or otherwise provide for other relief of Ms. Richey’s concerns, culminating in Ms. Richey’s untimely and brutal death,” the suit alleged.
Montgomery County did not respond to requests to interview Kumpf for a recent article on the one-year anniversary of her death.
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