shelter

Woman bitten by dog at L.A. animal shelter wins $5.4-million verdict

A woman who was mauled by a dog at a Los Angeles city animal shelter has been awarded $5.4 million by a jury.

Genice Horta, 51, said that neither the shelter nor the rescue group she worked for told her the dog, a Belgian Malinois named Maximus, had bitten a teenager and a shelter employee, sending both to the hospital.

After six surgeries to repair the bones and nerves in her right arm, Horta was left with permanent damage, according to a brief by her attorneys in the lawsuit she filed in 2022.

After a 10-day trial, the L.A. County Superior Court jury decided last week that the city was 62.5% liable, the rescue group was 25% liable and Horta was 12.5% liable for medical expenses and pain and suffering.

It was the third multi-million payout in recent years involving allegations that the city animal shelters failed to notify potential adopters that a dog had bitten and seriously injured someone, as required by state law.

Horta’s case “revealed a series of serious and preventable mistakes made with respect to warning about Maximus’ bite history and adopting out and failing to control a dangerous dog,” one of her attorneys, Ivan Puchalt, said in a statement.

A spokesperson for the L.A. City Attorney’s Office did not respond to requests for comment.

Agnes Sibal-von Debschitz, communications director for LA Animal Services, said in statement that according to department policy, “staff must provide a bite and behavioral disclosure to any person receiving an animal with a prior bite history.”

The policy was formally enacted last November in response to a $3.25-million settlement reached by the city with Kristin Wright, who was severely injured by a pit bull she adopted from the South L.A. shelter. Wright said the shelter didn’t inform her that the dog had bitten his previous owner’s elderly mother in the face.

The rescue group, HIT Living Foundation, did not respond to a request for comment.

HIT Living Foundation hired Horta to drive Maximus from the East Valley Animal Shelter to Arizona. She had no prior experience with shelter dogs, according to the city’s attorneys.

On Sept. 23, 2020, after a shelter employee told Horta that Maximus had “kennel anxiety,” she offered the dog a treat containing trazodone, a common anxiety medication for dogs, according to an amended complaint by Horta’s attorneys.

Maximus took the treat, then lunged and latched onto Horta’s right hand and arm. A fuzzy video of the attack was played in court during the trial.

Horta alleged that the shelter employee who brought Maximus to her car negligently failed to control him and never told her the dog could be dangerous. During the attack, the employee was gripping a metal pole with a cable looped around Maximus’ neck.

The employee, Jose Humildad, testified that he told Horta not to approach Maximus with the treat.

Maximus’ previous owners surrendered him to the shelter after he bit their 15-year-old daughter on the foot, leaving deep puncture wounds and requiring hospital treatment, according to the brief by Horta’s attorneys, and several weeks later, Maximus bit a shelter employee who went to the emergency room for a severe bite to the abdomen.

Horta said she never was told of the attacks, which made Maximus unsuitable for public adoption, and he was placed on the city’s New Hope list, which is accessible to registered nonprofit rescues.

Shelter employees had documented Maximus “viciously biting and snapping at people walking past his enclosure,” according to the brief by Horta’s attorneys. One employee wrote “USE EXTREME CAUTION!!!”

Horta’s attorneys argued that Maximus was so dangerous that he should have been euthanized.

The city pushed back on that interpretation.

L.A. animal shelters are not “death row in Mississippi at midnight,” Deputy City Atty. Joshua Quinones said in his closing argument Thursday afternoon. “This is a rescue operation.”

Quinones also argued that Maximus already had been sold to HIT Living Foundation when he bit Horta.

Trying to find Maximus a home, animal rescuers posted repeatedly on Instagram days before the 1-year-old dog bit Horta, describing him as a “handsome misunderstood pup” and a “young troublemaker” in danger of being euthanized.

The post said Maximus had a bite history but provided no details.



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Heavy rains, deadly floods hit southern Peru; thousands seek shelter | Climate News

Torrential downpours cause deadly mudslides in southern Peru, while more than 300 districts across the country declare states of emergency.

Peruvian authorities say they have recovered the bodies of a father and son who died in a mudslide triggered by heavy rains, which have battered the country’s southern regions of Ica and Arequipa, affecting an estimated 5,500 homes and forcing many people to evacuate.

Authorities in Arequipa have called on the country’s interim president to declare a state of emergency in the region as the governor announced that multiple shelters were being opened to house those fleeing the floods.

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Peru’s Council of Ministers said on Monday that more than 700 districts nationwide have been declared in emergency status.

In Cayma, Arequipa, a vehicle was seen semi-buried under mud, and homes teetered on the verge of collapse after flash floods swept away the earth and destroyed roadways, the Reuters news agency reported.

According to the Associated Press news agency, the bodies of a father and son were recovered after being swept away by a landslide.

The recovery came a day after 15 people were killed when a military helicopter crashed while providing rescue services during the flooding.

Rescue teams found the wreckage of the helicopter in the Chala district, officials said. Seven children were among the 11 passengers and four crew members who died, according to the AFP news agency.

Torrential downpours have caused widespread damage across southern Peru, affecting about 5,500 homes and forcing many residents to evacuate.

Images shared by Peruvian media showed streets torn up in the affected areas and vehicles buried deep in the mud slides as rescue workers attempted to clear streets using mechanical earth movers.

The El Niño Costero (coastal) climate phenomenon has been the cause of the recent weeks of heavy rain in Peru, weather forecasters report, and is expected to strengthen slightly next month, threatening more heavy rain.

While El Niño is a natural cycle that has existed for millennia, scientists increasingly link its severity to climate change. Rising global temperatures provide a warmer “baseline” for the ocean, making it easier for these extreme heating events to reach record-breaking thresholds and increasing the atmosphere’s capacity to hold the moisture that fuels torrential rain and catastrophic flooding.

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