Carpentersville man sues neighbors over dog attack

A Carpentersville man who was attacked by a pit bull in his own backyard last fall has filed suit against the neighbors who owned the dog.

Charles H. Cory III says the animal bit his legs and feet and tried to drag him away as he attempted to "crawl into his house for safety," according to the complaint filed Friday in Kane County.

The "unprovoked" attack happened a little after noon on Nov. 28, 2009, as Cory, 52, filled bird feeders behind his home on the 300 block of Sedgewick Street.

A police report says Cory "dragged himself on the ground with his arms" after the dog refused to let go. He eventually crawled up onto his deck, through a patio door and into his kitchen, where he could call for help.

He later received 25 stitches for lacerations on his leg, police said.

The complaint names neighbors Karen, Robert, and Ryan Erb, whom Cory is suing for more than $100,000.

One of the defendants, Karen Erb, said in a brief interview Tuesday that the American Terrier named Zeus had been given to her family unexpectedly by someone who was "going to come back" for it. She said Zeus was usually kept on a leash and never acted violently toward her 4-year-old daughter, who often played with the dog.

"This was our family pet," she said. "We all loved Zeus."

Erb said the dog - since euthanized - was up to date on shots and licensing, and was well cared for.

"We did everything we were supposed to do," she said. "(The attack) was totally a freak thing."

Court records show Erb's son, Ryan, was ticketed for three local ordinance violations, but the charges were later dismissed. Karen Erb, however, was found guilty of having a biting animal in connection with the attack.

The suit was filed under a statute that puts liability in unprovoked animal attacks on anyone who "owned, kept, harbored, cared for or otherwise acted as custodian" for the offending animal.

Cory's attorney, Matt Gill, said the lawsuit was a last resort.

"From my understanding, they (the owners) have refused to notify their insurance carrier, which should cover this," he said. "I have no other options."