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Monday, May 20, 2024

Woman sues after neighbor's dogs killed her two cats four months apart

State Court
Dogattack

CHARLESTON – A St. Albans woman has sued a neighbor after his dogs killed her two cats.

Elizabeth Beall filed her complaint in Kanawha Circuit Court against Marcel Lazare.

According to the complaint, Beall owned two cats named Tigger and Baby. She says both were long-term pets she considered members of her household.

On May 22, 2022, Beall says Lazare was negligent in the care of his dogs when he allowed them to run at large in the residential area. She says Lazare’s two dogs entered her porch and violently dragged Tigger away and “ripped apart” his body while Beall tried to intervene. She took the cat to the emergency veterinarian, but he was pronounced dead.

The City of St. Albans charged Lazare with keeping a vicious dog and two counts of permitting his dogs to run at large. On July 28, 2022, Lazare entered guilty pleas to all three charges. Still, Beall says Lazare continued to allow the dogs to run free in the area.

On September 28, 2022, Beall says Lazare’s dogs again came to her porch and attacked her other cat Baby. When she tried to fend off the dogs, Beall says she was bitten on the hand. She also says the dogs refused to release Baby as they mauled her. When she finally had Baby, she again took the cat the emergency veterinarian where she was pronounced dead.

Lazare again was charged with keeping a vicious dog and two counts of permitting dogs to run at large. He again was found guilty of all three charges.

Beall says Lazare is guilty of negligence and intentional infliction of emotional distress. She says she has incurred medical expenses, pain, suffering, emotional distress, aggravation, annoyance and inconvenience.

She seeks compensatory damages, punitive damages, post-judgment interest, court costs, attorney fees and other damages.

Beall is being represented by Thomas H. Peyton of Peyton Law Firm in Nitro. The case has been assigned to Circuit Judge Tera Salango.

Kanawha Circuit Court case number 24-C-435

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