Pitt bull suit filed

[mranderson]

The parents of the little boy in Moore who was attacked by the dogs that are aledgidly Pitt Bulls have filed a lawsuit againt the owner of the dogs.

What do you think of this action? Would you rather see them sue the people REALLY responsible or make every person who owns a Pitt (or what some people mistake for one) pay?

[sweetdaisy]

I think the parents are suing the right people. Go to the source of the problem...don't punish everyone else.

[dirtrider73068]

The people that had the dog should be responsiable for the dog actions. But if I remeber right didn't the boy stick his hand through the fence? If so then both partys are at fault for not keeping the fence in repair to keep littles hand from been stuck though the fence in the first place. So in that case now who would be responsibale in the accident. If the boys parents let the fence go then why shoudl they sue the dog owners, if the dog owners let the fince go then yes they should be at fault for what happened. Any attack by a pit bull is the dogs owners responsibilty.

[mranderson]

"Any attack by a pit bull is the dogs owners responsibilty."

So. What you are saying is if my Westhighland Terrier bites someone, it is NOT my responsibility? Even if I do everything to secure the property?

[dirtrider73068]

No thats what I said, even if the property is secure the owner is still responsable for the dog, and is 100% responsiable for the dog.

[mranderson]

Why are you singling out Pitt Bull's? ALL breeds have the potential to be vicious. It is the owner who causes it.

[dirtrider73068]

It does go for all breeds, but the attack could have been prevented if the fence had been maintained like it should have been.

[sweetdaisy]

If it's a chain link fence, then it would be very easy for a child to stick his arm through. Was it stated that the fence was in poor repair? If so, then the owner of the fence is the one at fault.

I think the whole thing is extremely unfortunate, but any breed of dog may see a child as a threat. The boy was invading that dog's territory. In a perfect world, the dog's owner would take some responsibility for the dog's behavior, and offer to help the family financially. that is in a PERFECT world, though.

I have to respect the fact that the parent's suit is not for an outrageous amount (last I'd heard they only wanted about $10K, unless they've decided to try for more). In this letigious society, this lack of greed is quite impressive.

[Jay]

In my opinion the blame lies on the hands of the dog owner and the kid's parents. I think the family will win the case against the dog owner; however, the judgement will be to pay or split the cost of the medical bills. Nothing more nothing less.

My question is why was this kid left outside all alone? as I said before I am sure there were plenty of other hazards in that backyard besides the neighbor's dog. Any good defense attorney is going to raise that question in court. There also going to ask why wasn't there any arrangements made with neighbor to fix the fence so this would not occur.

I think both sides will settle out of court because of these issues.

[travich]

Every single pit bull attack can be linked back to an irresponsible owner. I guarentee it.

[Jay]

Every single pit bull attack can be linked back to an irresponsible owner. I guarentee it.

You could use this argument on any breed of dog. I think cities are crazy to start breed bans, All a breed ban will do is open the flood gate to ban any breed that attacks people. Next it will be the rotweillers then the german shepards. Then it will get to the point to where you have to have a special license and insurance to own a dog bigger than a lunchbox.

I am not saying the dog owner is innocent. We just need to look at the situation realistically instead of trying to find a cure all. The parents made the mistake of leaving the kid alone. The dog owner failed to keep the fence in good repair and he failed to warn his neighbors about his dogs. I'm sure he is sick about it because a child was maimed and he lost a pet.

The two people involved are blue collar against blue collar. No large cash judgements are going to take place. In the end both sides(as well as parents and dog owners) will have learned a valuble lesson.

When you have small children they need to be supervised at all times.

When you own a potentially viscious dog take all the precautions necessary to prevent an attack. If your dog attacks an innocent person/child, seek legal help and make every attempt possible to right the wrong.

[Jay]

The plot thickens......




Dog attack leads mom to sue dad


By Robert Medley
The Oklahoman

The mother of a boy who lost an arm in a pit bull terrier attack has sued her estranged husband for negligence, court records show.

Christopher and Kristal Yelton are the parents of Cody Yelton, 3, who lost his left arm in June after a dog attack. The attack occurred in the back yard of a Moore house where the boy lived with his father and grandfather.

Cody was attacked by pit bull terriers kept in a yard next door when he reached through a hole in the fence to pet them.

Kristal Yelton filed her lawsuit claiming negligence by her husband after Christopher Yelton sued the dogs' owner and the owners of the house last week. Both cases have been filed in Cleveland County.

"I just want Cody to get everything he deserves for what he has been through," Kristal Yelton said Thursday.

Kristal Yelton's attorney, Maria Erba, said her client doesn't think her husband provided adequate supervision before the attack.

Norman attorney Fred Shaeffer, who is representing Christopher Yelton, said he is appalled at Kristal Yelton's allegations. "This case ought to be for Cody. There are a lot of good people out there trying to help Cody," Shaeffer said.

Kristal Yelton of Jones also named her son's grandparents, Phillip and Patricia Yelton, the dogs' owner and owners of the home where the dogs were kept, as defendants, Shaeffer said. She is asking for damages of more than $10,000.

Phillip and Patricia Yelton own the home where Cody lived at the time of the attack, court papers show.

'It's all about money'
Christopher and Kristal Yelton have a stormy relationship, according to Kristal Yelton's lawsuit, court papers show.

A domestic abuse allegation listed in the lawsuit claims she was struck in the head with a beer bottle by her husband. Erba said that part of the lawsuit asks for damages to be given to Kristal Yelton. She said Christopher Yelton can be sued in Cleveland County because he lives there, even though the lawsuit claims the incident took place in Oklahoma County.

A criminal charge filed July 11 in Oklahoma County District Court against Christopher Yelton accuses him of hitting Kristal Yelton in the head with a beer bottle Feb. 19 in Jones.

Kristal Yelton claims her husband has been physically and mentally abusive toward her in the past, court papers show.

She said Thursday that before her son was attacked, she had warned Christopher Yelton, "not to take your eyes off of Cody, not even for a second."

Phillip Yelton, Cody's grandfather, said Kristal Yelton's accusations are unfounded. "It's all about money, and she has dirtied the water for everyone," he said.

Christopher Yelton said he never hit her with a beer bottle as she claims. "She made the comment she would screw me in the end, and that is I guess what she is trying to do. The whole deal is crazy."

Christopher Yelton filed his civil lawsuit July 21 against dog owner David Capps and the owners of the house where Capps lived, Cora Capps and Ronnie and Patricia Breshears. That case asks for more than $10,000 in damages.

Kristal Yelton filed her case July 22.

Kristal Yelton picked up Cody Yelton about two weeks ago and has refused to return him, Christopher Yelton said. He did not know his son's whereabouts Thursday. Contacted Thursday, Kristal Yelton said her son is "well taken care of."

She filed for divorce from Christopher Yelton on June 30, 2003, in Oklahoma County. They got back together later, then separated in February, Phillip Yelton said. The divorce is not final.

Christopher Yelton said he plans to fight for custody of his son. "She is using Cody as ammunition against me. It is not like he hasn't been through enough already," Christopher Yelton said.

Fund-raisers still planned
Several fund-raisers are planned in the Oklahoma City area to raise money for Cody's future college and medical expenses. The family also hopes to fit Cody with a prosthetic arm.

Tickets have been sold for a Saturday fund-raiser to help Cody's family with medical expenses.

A fund-raiser is also scheduled for the Country and Western Hall of Fame in Del City Aug. 13. Daniel Adams of MidFirst Bank said donations are being taken at all branches for the Cody Yelton Family Trust Fund. He said he couldn't comment on who will be entitled to the money.