A shocking incident of a dog attack has led to a legal battle in Pinellas County, Florida. On June 27, 2024, Mary McCabe filed a complaint against Diane and Gene McDaniel in the Circuit Court of the Sixth Judicial Circuit. The lawsuit stems from an unprovoked dog attack that left McCabe with severe injuries and emotional trauma.
According to the complaint, on December 2, 2022, Mary McCabe lawfully entered the property at 3440 Forelock Road in Tarpon Springs, Florida. As she approached one of the gates to enter the property, she observed one of the defendants and another individual standing within the gated area. Suddenly, a pitbull charged at her without any provocation. In her attempt to flee, McCabe was bitten on her arm by the dog, causing severe lacerations and emotional distress. "Terrified," McCabe wrestled herself free from the dog and drove home while still bleeding and traumatized.
The plaintiff alleges that Diane and Gene McDaniel were aware of their dog's dangerous proclivities due to previous attacks on other individuals on April 17, 2021, and November 4, 2021. Despite this knowledge, they failed to take necessary precautions such as leashing or chaining the dog or placing warning signs around their property. The complaint states that "at least one of the Defendants was present during the attack" but did nothing to mitigate its severity or assist McCabe afterward.
McCabe is seeking damages exceeding $50,000 for negligence under two counts: premises liability and strict liability under Florida Statute §767.04. She argues that as landowners who knew about their dog's vicious nature, the defendants had a duty to ensure invitees like herself were safeguarded from such attacks. The lawsuit demands judgment for damages against both defendants jointly and severally along with costs and any further relief deemed proper by the court.
Representing Mary McCabe is attorney Nickolas C. Ekonomides from Clearwater-based law firm Nickolas C. Ekonomides P.A., while no information about defense attorneys is available yet. The case is being overseen by Judge Ken Burke under Case Number: 24-002889-CI.