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Judge dismisses county countersuit against dad in dog death lawsuit

ST. LOUIS RECORD

Friday, November 22, 2024

Judge dismisses county countersuit against dad in dog death lawsuit

Lawsuits
Dkolde

Kolde | youtube photo

Erin Bulfin sued St. Louis County in federal court for euthanizing the family dog, Daisy, allegedly without permission and when St. Louis County filed a countersuit alleging that Bulfin's husband, Edward Nea, requested Daisy's euthanization, Eastern District Magistrate Judge John M. Bodenhausen dismissed the complaint.

“The county countersued Erin Bulfin's husband for misrepresentation within our lawsuit but the judge dismissed that case twice,” said attorney Daniel Kolde who is representing Daisy's family. “We vehemently and unequivocally deny that Ed Nea ever requested that Daisy be euthanized or made any statements that could have been even remotely or wrongfully misinterpreted as requesting Daisy's euthanasia."

In his order of dismissal, Judge Bodenhausen ruled that Edward Nea did not owe St. Louis County Animal Care and Control a duty.


Daisy | youtube photo

"Defendants [St. Louis County] claim they are entitled to a determination of their relative degree of fault, if any, as compared to that of Nea," wrote Judge Bodenhausen. "They seek to hold him liable in contribution for any damages for which they may be held liable to plaintiff. Nea argues that the claim is more properly characterized as one for negligent misrepresentation, rather than general negligence, but that in either event defendants cannot establish that he owed them a duty, a required element of their claim."

Underlying the case, which is set for trial in September, is a dog bite.

“There was an incident where Daisy ended up biting their daughter,” Kolde told the St. Louis Record. “We think it was probably an accident because Daisy had never been aggressive before but under a St. Louis County ordinance, you are required to quarantine your dog for rabies anytime your dog bites either a human or another domesticated animal.”

Wanting to follow the rules, Nea reportedly dropped Daisy off at St. Louis County Animal Care and Control.

“The family was told that this was the law and they were afraid they would get into trouble if they didn’t so they just complied,” Kolde said. “Erin Bulfin, my client, is a school teacher and she didn’t want the board of education to come down on her. So, she followed the law and allowed Daisy to be quarantined for what was supposed to be 10 days.”

But within half an hour, Daisy was killed and subsequently decapitated so that her brain tissue could be examined for rabies, according to media reports.

“It’s just cruelty,” Mrs. Bulfin told News 4. "‘Our goal is to make sure that no animals suffer and no family has to be traumatized like ours."

As previously reported in the St. Louis Record, a former St. Louis County animal shelter supervisor, Amanda Zatorski, has also filed a lawsuit alleging she was fired after reporting misconduct at the facility.

The St. Louis County Animal Care and Control did not immediately respond to requests for comment.

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