A man in Palm Beach County has filed a lawsuit after being viciously attacked by a neighbor's dog. Nicholas Scolavino filed the complaint on August 2, 2024, in the Circuit Court of the 15th Judicial Circuit against WSRE CP PAC Investors, LLC, doing business as Pacifica, and four individuals: Rosemine Joseph, Rosemonde Adolphe, Alisa Ducard, and Normanda Michel.
According to the complaint, Scolavino was walking from his apartment building at 1080 Audace Avenue to the parking lot on June 29, 2023. As he neared the bottom of the stairs, he encountered Rosemine Joseph with her Pit Bull named "Lucky." The dog was on a leash but suddenly lunged at Scolavino without warning and bit him in his pelvic area near his genitalia. Despite Joseph's attempts to pull the dog away, it took several tries before Scolavino could break free from Lucky's grip.
Scolavino alleges that all defendants were aware that Lucky had previously bitten another resident but failed to take necessary precautions. He claims that Joseph is strictly liable for his injuries under Sections 767.01 and 767.04 of Florida Statutes, which hold dog owners responsible for any damage their dogs cause. "Owners of dogs shall be liable for any damage done by their dogs to a person," states Section 767.01.
The plaintiff also accuses Rosemonde Adolphe and Alisa Ducard of negligence for failing to properly restrain or train the dog and not warning him about its dangerous propensities. He asserts similar claims against Normanda Michel. Additionally, Scolavino holds WSRE CP PAC Investors accountable for not enforcing community rules regarding dangerous animals despite knowing about Lucky's previous attack.
Scolavino seeks judgment for damages exceeding $50,000 from each defendant for medical expenses, pain and suffering, disability, disfigurement, mental anguish, significant permanent scarring, loss of enjoyment of life, enhanced insurance costs, loss of earning capacity, and aggravation of pre-existing conditions.
Representing Scolavino is attorney David J. Zappitell from Zappitell Law Firm P.L.
The Case ID is: 502024CA007356XXXAMB Div: AN.