Mauled boy’s family sues over dog attack, seeks punitive damages

AUGUSTA, Ga. (WRDW/WAGT) – The household of a Grovetown boy mauled by three canine has sued the pit bulls’ proprietor and is looking for compensatory damages together with punitive damages with “no limitation.”

Justin Gilstrap, 11, was attacked by the canine on Jan. 6 as he was driving his bike on Langston Drive in Columbia County. The canine ripped off most of Justin’s scalp, and he suffered wounds all the best way to the bone on his legs. He misplaced one in every of his ears, and the opposite needed to be reattached.

“He has undergone and continues to bear, in depth medical care and remedy,” the lawsuit states. “Regardless of this medical care and remedy, Justin Gilstrap will likely be left with everlasting psychological and bodily accidents, together with scarring and everlasting disfigurement.”

The canine and a number of other others with the identical proprietor have since been euthanized.

Justin’s household is looking for punitive damages to discourage the proprietor, Burt Thomas Baker II, from ever letting one thing like this occur once more. Together with Baker, defendants within the go well with embrace Brenda Johnson and a number of other so-called John and Jane Does who Justin’s household feels contributed to the issue.

“It’s about accountability for the individuals which might be accountable for what occurred to Justin Gilstrap. It’s about justice for Justin Gilstrap for all the things that he’s been via and all the things that he’s going to must proceed to endure,” mentioned Adam King, Nicholson Revell LLP.

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“On account of Defendants’ negligence as alleged herein, Defendants are liable to Plaintiff for all damages sustained by Justin Gilstrap, together with his medical bills, bodily and psychological ache and struggling previous, current, and future, and his everlasting scarring and disfigurement,” the lawsuit states.

“Defendants have acted in dangerous religion, been stubbornly and litigious, and have prompted Plaintiff pointless hassle and bills, thereby entitling Plaintiff to recuperate her affordable lawyer charges and bills of litigation,” the lawsuit states.

King says they’re nonetheless within the investigative section of the case, so he isn’t ruling out including workers for Columbia County.

“I feel we’re all choices at this level. The investigation continues to be fairly early on. This simply occurred a short time in the past. Regardless of the investigation uncovers is the world that can journey so far as holding individuals accountable,” he mentioned.

The lawsuit alleges Baker and Johnson did not take affordable steps to forestall their vicious and harmful canine from attacking Justin. The conduct of Baker and Johnson constitutes a breach of their obligation to handle and management their vicious and harmful canine, the lawsuit alleges.

“We expect that the proof will flip on the market Mr. Baker, Ms. Johnson knew that these canine have been harmful and that they’d a historical past of violent, unpredictable, erratic conduct. And that on account of that, they need to have taken higher care to ensure one thing like this didn’t occur and actually ought to haven’t had canine like this within the first place,” mentioned King.

The lawsuit additionally says the “acts and omission of Defendants as proven herein represent fraud, intentional misconduct, willful and wanton misconduct, oppression, malice, and a aware indifference to the results associated to the protection, well being, and welfare of Justin Gilstrap.”

The lawsuit goes as far as to allege the defendants “acted and or did not act with the particular intent to trigger hurt to Justin Gilstrap.”

Consequently, “there isn’t any limitation concerning the quantity to be awarded as punitive damages,” states the lawsuit.

“Punitive damages can be found in circumstances like this. The place there’s been a reckless, willful wanton, indifference to penalties, reckless indifference to penalties, and we definitely suppose that’s the case right here,” he mentioned.

The go well with was filed Monday in Columbia County Superior Court docket, with Justin’s mom, Ericka S. Gilstrap, named because the plaintiff.

Baker and Johnson have 30 days to reply to the lawsuit. Then there’s a discovery course of which King says takes round six months earlier than a trial date is ready, which can then go in entrance of a jury of Columbia County residents.

Though he’s been confined to the hospital, Justin has proven exceptional resilience and optimism that’s drawn an outpouring of help from world wide.

Justin’s mother says some days are good, and a few should not so good with Justin within the Youngsters’s Hospital of Georgia. Via all of it, Justin says he’s a fighter.

“I don’t surrender. I don’t surrender for nothing,” he mentioned a couple of days in the past.

His street to restoration is a protracted one however he’s taking in the future and one surgical procedure at a time.

“I’m seeking to get higher and stroll once more, with the ability to stroll,” he mentioned.

He confirmed he was in a position to stroll by taking a couple of steps.

“It made me comfortable,” mentioned Justin. “I used to be happy with myself to have the ability to stroll once more.”

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