Cda Doesn’T Have To Pay For Mauling

A man mauled by three pit bulls won’t be getting the $5,000 he was expecting from the city of Coeur d’Alene.

District Court Judge Gary Haman declared Thursday that the city is not liable just because police officers didn’t nab the dogs earlier in the day. Police had been called about the dogs running loose shortly before the attack.

On Sept. 24, 1992, Mike Joyce’s three pit bulls chased Randy Watson across Hastings Avenue, knocked him to the ground and mauled him. He tried to escape by climbing a neighbor’s trellis, but the dogs bit his legs.

Watson suffered 60 puncture wounds. A neighbor shot at the dogs, which attacked two police officers when they arrived to help. The officers then shot the animals.

Watson filed suit, accusing both Joyce and the city of negligence.

During the June trial, several people testified that Joyce allowed the dogs to run loose and abused the animals, making them vicious.

Testimony also showed that 17 minutes before the attack on Watson, the Coeur d’Alene Police Department received a call complaining about the loose dogs.

Although police officers were available, none were sent to pick up the dogs. The animal control officer had gone home for the day.

The jury awarded $50,000 to Watson. Jurors found Joyce 90 percent negligent and the city 10 percent negligent.

But in a court motion Thursday, Charles Hosack, attorney for the city, asked the judge to find the city not responsible.

He said Idaho courts have ruled police can’t be held responsible every time they fail to prevent a crime.

Hosack said because the police department is short staffed, it has a policy of not sending patrol officers to animal calls, reserving them for more important problems.

On Thursday, Haman said the city and police department must be free to make such policy and manpower decisions.Joyce’s attorney also is preparing to challenge the jury award.