LIHUE — A civil suit has been filed over a dog attack that seriously injured a Wailua Homesteads youth one year ago.
Honolulu attorney Rodger Hoffman and Laura Walraven, mother of 9 year-old Jeremiah Dela Cruz, filed a negligence with injury civil complaint in 5th Circuit Court on April 23 — just a week prior to the one-year deadline to file.
Dela Cruz is seeking claims for relief against the dog owners, Edward and Mary Jo Neal Tydingco, and their landlord, William Souza Carvalho Jr.
On May 2, 2013, Dela Cruz was riding his bicycle on the on Makana Road fronting the Tydingco rental property when he was attacked by “Sampson,” their 100-pound Rottweiler.
The dog was pulled off the boy by Waldomar Contrades, a neighbor who intervened and held the dog at bay with a bicycle.
As two other boys hid from the dog, Cruz suffered bites that caused lacerations that required several hours of surgery on his left arm, elbow and leg at Wilcox Memorial Hospital. The dog tore away fatty tissue leaving a gap in the boy’s leg.
The suit alleges that the boy was severely and permanently injured, and continues to suffer pain and distress. His family has incurred medical and rehabilitative expenses and is seeking judgment for general and special damages in amounts to be proven at trial.
The suit holds the Tydingco’s jointly and severally negligent for failing to responsibly control, maintain or restrain the dog. The suit holds Carvalho negligent for apparent awareness and approval of one or more dogs on the property, when the rental agreement provided that pets were not allowed on or within the rental unit or property.
The Kauai Police Department issued a dangerous dog complaint to the 23-year-old owner. Sampson was euthanized at Kauai Humane Society on May 6, 2013.