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FLORIDA RECORD

Saturday, September 28, 2024

Florida Resident Sues Neighbor and Community Association Over Dog Attack

State Court
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A Florida resident is seeking justice after a dog attack left her with severe injuries. Rose Marie Cozzolino-Smith filed a complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, on June 25, 2024, against Margaret Schmidt and Marina Bay Master Community Association, Inc.

According to the court documents, Cozzolino-Smith alleges that on March 1, 2024, she was attacked by a dog named Bronx owned by Schmidt at Schmidt's residence located at 19 Bayfront Ct. S., St. Petersburg, FL. The plaintiff claims that Bronx bit her multiple times on the shoulder, hands, thigh, and buttocks. The lawsuit contends that Schmidt is strictly liable for the injuries under Florida Statute section 767.04 which states that a dog owner is liable for damages if their dog bites someone lawfully on their property or in a public place.

Cozzolino-Smith asserts that Bronx was not restrained or controlled at the time of the attack and that it occurred suddenly without any warning. She further alleges that as a result of this unprovoked attack, she suffered significant bodily injury including pain and suffering, disability, disfigurement, mental anguish, loss of capacity for enjoyment of life, medical expenses, and loss of earnings.

The plaintiff also accuses Schmidt of negligence for failing to warn about Bronx's aggressive nature and failing to contain or restrain the dog. Additionally, Cozzolino-Smith has brought charges against Marina Bay Master Community Association Inc., claiming they knew or should have known about Bronx's presence and vicious propensities but failed to take appropriate measures to ensure safety within their gated community.

Cozzolino-Smith is seeking damages exceeding $50,000 from both defendants and demands a jury trial to resolve all issues related to her claims.

Representing Cozzolino-Smith are attorneys from Abrahamson & Uiterwyk Car Accident & Injury Lawyers based in Tampa. The case has been assigned Case Number: 24-002846-CI.

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