Greyhound's death following attack by another dog sparks lawsuit against city

Vici, the greyhound bitten by another dog in downtown Windsor last Friday, died from cardiac arrest on May 1 at 1:46 a.m. Now, the owner Joe McParland is suing the City of Windsor.

The vet said it was "a very, very severe attack," McParland recalled. Vici received lacerations and deep wounds after the dog clamped down on her neck.

She wasn't able to eat and there was possible nerve damage around her esophagus, according to McParland. She needed a feeding tube and also was on pain medication before her death.

"I spent an hour and a half just lying on the floor with her on the comforter there in the hospital," he said.

Multiple attacks

The reason for his lawsuit is that he feels enforcement of the city's bylaw on dangerous dogs is lacking. McParland thinks the dog that attacked Vici should not have been on the street that day. 

That's because Vici was not the only victim last Friday.

Hours before the smaller dog had bitten the greyhound, it lashed out at a black lab named Shadow.

"And if it wasn't for his collar, he would've gotten it in his throat, but he got his ear instead," said owner Tamara Berthiaume.

Shadow is 12-years-old and Berthiaume said her primary concern was whether or not he was going to survive the bite. He is currently fighting an ear and throat infection.

According to Berthaiume, police told her the dog was involved in a number of other incidents in the past, but they had let the owner keep the dog.

"And they allowed it, thinking that it was in a safe environment, and the gentleman was taking care of him," said Berthiaume.

Questions about enforcement

She and McParland say the owner doesn't have a fixed address. On the day of the attacks, he had been sleeping on a bench outside.

They question the actions of Windsor Police for not taking the dog off the streets sooner.

"How is it that the dog with a history of this is still on the street without a muzzle, and without all the precautions that we need to have to be on the street?" McParland asked.

He's hoping the lawsuit will address that question.

"This is going to get parties together to discuss what the hell went wrong here and how we can prevent it in the future."

In the City of Windsor's bylaw for registration, licensing and control of dogs, it says "no guardian shall permit his or her dog to run at large in the City."

Any dog deemed "dangerous" by the animal control officer should also have a muzzle attached when it isn't confined in a person's home or a humane shelter.

The humane society took the dog into quarantine following the attacks. Usually the protocol is to have the dog go home with its owner and be held in quarantine for 10 to 12 days.

According to McParland, the city will have 10 days to respond to the statement of claim. He's also considering suing other parties involved in the incident, but would not elaborate on specifics.

He hopes the lawsuit will help repay the people who contributed to a GoFundMe toward Vici's veterinarian bills. 

'It's not the dog's fault'

Berthaiume thinks the dog should have been taken away from the owner after the first incident, even before the dog had a chance to attack Shadow.

While the dog's owner was fined after attacking Vici, she questions the validity, given that the owner doesn't have a home.

Neither Berthaiume nor McParland think the dog should be put down, but they want to see proper training for the dog, and also having a muzzle on while on walks around town.

"I said since day one, I didn't want this dog euthanized. It's not the dog's fault, the dog does what it does," said McParland. "I blame the owner."