Eighty Four woman injured at park sues dog owners, county
An Eighty Four resident who took her goldendoodle to the off-leash area of Mingo Creek County Park filed suit in Washington County Court against the owners of a boxer dog that knocked her over, causing her to suffer a broken neck and other injuries, the county, the park itself and the Parks and Recreation Department.
Catherine Schwarzbach and her husband, Terry M. Schwarzbach, this week demanded a jury trial and damages of more than $50,000.
According to the complaint they filed, Catherine Schwarzbach took their dog, named Joey, to Mingo’s off-leash dog park last Sept. 13 at the same time a boxer, owned by Michael Raczkowski and Erin Clement of Venetia, was inside the fenced facility.
Joey had taken refuge under a picnic bench when the boxer, a breed, the suit said is “known to be rambunctious, high-spirited, big and strong,” was chasing a shepherd-type dog and a smaller canine.
The boxer stopped the chase and bolted toward Schwarzbach, striking her at knee level and flinging her in through the air, the complaint states. She landed on her face and shoulder suffering a broken neck, paralysis, an ear injury and vision problems. After having three vertebrae in her neck fused surgically, she was required to undergo therapy.
Raczkowski and Clement, according to the complaint, made no attempt to stop their boxer from running toward Schwarzbach or warn her and they did not have their dog under control. Schwarzbach accused them of failing to comply with a Nottingham Township ordinance that regulates dogs running at large.
The complaint also cited a Pennsylvania law meant to protect the public from personal injuries because of “roving dogs,” and said the leash-free area permits “dogs of all sizes breeds to run uncontrolled throughout.” It also claimed the off-leash area is improperly supervised.
Washington County solicitor J. Lynn DeHaven did not immediately return a call for comment Thursday.