Neighbor sued after dog attack allegedly leads to kitten's death

NEW ORLEANS – A local woman claims her neighbor's dog killed her kitten and injured her dog.

Karen Hutchison filed suit against Diana Harrison and Daniel Gardner and their homeowners’ insurance company in the Orleans Parish Civil District Court on Jan. 31.

Hutchison claims that on Feb. 8, 2012 her dog and kitten were attacked by the defendants’ pit bull when it broke through the fence separating their yards. Hutchison alleges that she and her children had to watch their kitten die before rushing their dog to get emergency medical treatment for contusions and punctures, hemorrhaging to the neck, a fracture and contusion to the left shoulder, soft tissue trauma and scapular fracture.

The defendants are accused of negligence in failing to properly secure their dog on their property, in allowing such a dangerous and hostile animal to be free to roam off of their property, failing to use due caution, failing to use due diligence to provide a safe environment to their neighbors knowing that they had custody of a vicious and potentially dangerous animal and inattentiveness.

Hutchison is suing for damages including emotional trauma, the loss of affection of her domestic animal, physical damage to her dog, monetary damages associated with the cremation and disposal of the remains of her kitten, and the monetary damages associated with the medical treatment of her dog for wounds suffered as a result of the attack.

She is represented by attorney Jane Ettinger Booth of Booth & Booth.

Diana Harrison Williams answered the suit on March 18, claiming the alleged incident and damages were caused by the comparative negligence of Hutchison in failing to properly maintain her fence, and failing to supervise or control her own animals. She is represented by Leonard M D’Angelo of Frederick A. Miller & Associates.

Case is assigned to Division C Judge Sidney H. Cates IV.

Case no. 2014-01096.