Date: 05-30-2024

Case Style: David Kish v. Mastiff Mix

Case Number: 119886

Judge: Not Available

Court: County Civil Court at Law No. 3, Harris County, Texas

Plaintiff's Attorney: Cameron Hatzel, Michael A. Orlando, Robert Sean Brennan, Jr.

Defendant's Attorney: Sarnie A. Randle, Jr.

Description: Houston, Texas personal injury lawyers Cameron Hatzel, Michael A. Orlando, Robert Sean Brennan, Jr. represented the Plaintiff who sued the defendant on a tort theory.

Plaintiff claimed that Sandra and Israel Garza's dog was a "dangerous dog" as defined by Texas Health and Safety Co

David and Julie Kish and Israel and Sandra Garza are next door neighbors.
On December 20, 2022, David filed a “Report of Unprovoked Attack or Acts by a
Dog to be Declared Dangerous” in Justice Court, Precinct 4, Place 1, requesting that
the Garzas’ dog, a Mastiff mix named Anakin, be declared a “dangerous dog” as
defined by Texas Health and Safety Code Section 822.041.1 David alleged that he
and Julie, along with their Maltipoo, Daisy, were returning from their mailbox across
the street when Anakin left his enclosure through an open gate, chased Daisy across
the street, and attacked her in the Kishes’ backyard. David alleged that he and Julie
reasonably believed that Anakin was going to attack them as well, and that he was
being treated for post-traumatic stress disorder (PTSD) stemming from the incident.
He further alleged that Daisy later died as a result of the attack

On December 10, 2022, David and Julie were walking to their mailbox with
their Maltipoo, Dixie, who was off leash at the time. David testified that their patio
home is next door to the Garzas’ home, and on the other side of the Garzas’ home is
a third home which sits at the corner. The mailboxes are located across the street
from the third home. David testified that as they were walking back toward their
home he heard some commotion and “then what I believe happened is that the—as
the mastiff mix came out, I believe Dixie actually maybe ran towards it to try to
protect us.” When the trial court asked David what he saw, he replied, “I saw Dixie
running from the mastiff towards our house.” David testified that he then saw Anakin
chase Dixie across the Garzas’ front lawn to the Kishes’ home where Dixie ran into
the opening next to their butterfly garden. He testified that he heard growling and
barking and Dixie yelping and crying. David testified that he and Julie rushed to try
and save Dixie, and that he expected Anakin to attack them as well. David testified
that the Garzas tried calling Anakin, but the dog did not listen. As David and Julie
reached their backyard, Anakin ran out of the opening and past David, heading
toward the Garzas’ home. David testified that he had feared the dog would run
toward him at that moment. When David and Julie returned to their butterfly garden,
they found Daisy hiding in the flowerbeds.

David testified that Daisy was injured and taken to an animal hospital where
she had emergency surgery. Daisy died as a result of her injuries one week later.
David testified that he was treated for PTSD and had trouble sleeping after the
incident.

Outcome: The trial court entered an order finding that the Garzas' dog was not a "dangerous dog."

Reversed and remanded.

Plaintiff's Experts:

Defendant's Experts:

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