Key ruling possible this week in Ludwig lawsuit
A Kane County judge could make a key ruling this week in the lawsuit filed by the man whose dog was fatally shot in 2021 by the husband of Wayne Village President Eileen Phipps.
Joe Petit is suing Hal Phipps for more than $450,000 in damages, plus attorney’s fees, in the death of his Dogo Argentino dog named Ludwig.
Petit and Phipps are neighbors on Pearson Drive in Wayne, where their backyards face the Fox River.
The 10-page lawsuit, filed July 14, alleges that Phipps hunted down the dog with an all-terrain vehicle before shooting it to death on Aug. 10, 2021.
Phipps’ attorney, Thomas Scherschel, filed court papers in September asking a judge to dismiss all five counts in Petit’s lawsuit, arguing that they were not written properly.
Petit’s attorney, Scott Sheen, filed an amended complaint in October, followed by Phipps’ attorney asking that two of the five counts be dismissed, according to court records.
Kane County Judge Elizabeth Flood could decide Tuesday whether Sheen will be allowed to file a second amended complaint, records show.
Scherschel declined to comment on the case. Sheen did not return a message seeking comment.
Ludwig was one of Petit’s two Dogo Argentinos, a large breed weighing up to 100 pounds, according to the American Kennel Club.
Phipps previously alleged that the dogs had attacked and bit him, according to a June 29, 2021, police report.
Kane County State’s Attorney Jamie Mosser determined that Phipps was in his rights to defend himself in shooting the dog and did not file criminal charges.
Mosser last year sent a news release stating she would take a new presentation of the case to a grand jury, but she later decided against it.
Petit’s lawsuit disputes that Phipps was under attack by his dogs, alleging that the animals were playing in the Fox River when Phipps rode an all terrain vehicle to the water’s edge and shot Ludwig “execution style.”
The killing spawned a “Justice for Ludwig” movement in which supporters posted signs on their lawns not only in Wayne, but in St. Charles, Elgin, South Elgin, DeKalb, Algonquin and Streamwood.
Later that year, Petit received the gift of a Dogo Argentino puppy from a breeder in New York, who had read about the shooting.
The dog, which Petit named Justice, was born Aug. 9, 2021, the day before Ludwig was killed.