Man who shot pit-bull suing dog's owner

Kyle Barnett Sep. 27, 2012, 9:00am

Bernard V. Davis

GRETNA – A Jefferson Parish man who shot a pit bull that allegedly trespassed on his property and intimidated him is suing its owner for attacking him.

Thomas M. Byrne filed suit against Peter Gaudet, Allen Abadie, two unkon defendants and their insurers in the 24th Judicial District Court on Aug. 7.

Byrne claims that on Aug. 10, 2011 he was sitting in his carport when Gaudt's pit-bull came on his property and began growling at him. The plaintiff asserts that since he feared the dog would attack him he shot it in self defense with a .22 caliber rifle. Byrne alleges that after Gaudet learned his dog had been shot he punched Byrne in the nose causing him physical injury. The plaintiff claims that Abadie, as Gaudet's landlord, is liable for the injuries for not properly securing the dog and that one of the unknown defendants was a friend of Gaudet's who assisted in the attack. Byrne asserts that he received severe injuries in the attack.

The defendant is accused of allowing a vicious animal to run loosely in the neighborhood, allowing the animal to not be enclosed, intentionally injuring the defendant and violating local laws.

Damages of $73,000 for lost wages, $50,000 for medical expenses to date and $15,000 for future medical expenses are sought by the plaintiff.

Byrne is represented by Metairie-based attorney Bernard V. Davis.

The case has been assigned to Division J Judge Stephen J. Windhorst.

Case no. 717-922.

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