The families of two children mauled in a November 2005 pit-bull attack
and other victims have settled their civil lawsuit against the dogs’ owners, attorneys said Wednesday.
Although none agreed to disclose terms of the settlement, attorneys for the families of Nick Foley and Jourdan Lamarre, who were most severely injured in the attack, confirmed the settlement.
“The parties have all met and the matter has been resolved, but there are technical agreements that need to be cleaned up,” said Stephen B. Cohen, an attorney for the Foleys. “Terms of the settlement are confidential.”
Martin Dolan, an attorney for the Lamarre Family, said there still were some issues to agree on, such as how to hold funds for Lamarre’s long-term medical care and negotiate outstanding medical bills. He said he expected that to be completed in about 30 days.
Attorneys met briefly Wednesday to inform a judge of their settlement. They asked for March 20 court date, at which time the lawsuit officially could be dropped, said Dane Loizzo, an attorney for Gerd Gerdes, a neighbor who also was attacked.
“Hopefully we will dismiss everything at that point,” Loizzo said.
Alfred Stavros, an attorney for the dogs’ owner, Scott Sword, called the situation a set of horrible circumstances.
“If Scott could take the injuries that the kid sustained, he would,” Stavros said. “He is very remorseful and did everything possible to help Nick avoid serious injury.”
Three pit bulls belonging to Sword and his live-in girlfriend, Cathie Doyle, escaped from their Hawthorne Drive home near Cary on Nov. 5 and attacked and injured six people.
Foley and Lamarre, then both 10, were going door-to-door selling candy and magazine subscriptions for a Girl Scout fundraiser when the dogs escaped after they knocked on Sword’s door.
The civil lawsuit originally was filed by Allstate Insurance Co., after the victims filed claims against the dog owners’ insurance policy. However, the parties counter-sued, seeking more than $50,000 for medical expenses.
Allstate Insurance Co. covers Doyle, who had a homeowner’s policy in her name, by as much as $300,000 for the damages, according to court documents. The insurance company had asked other parties in the case to come to court to determine what portion of the claim should go to whom.
“This is not an easy case for anyone,” Cohen said.
The settlement was equitable but not adequate for the severity of injuries the victims suffered, Stavros said.
“[Sword] doesn’t have money to pay … there are just no assets, if there were, we’d certainly pay them,” Stavros said.
Stavros wouldn’t confirm that the insurance company was paying the entire settlement but said Sword wasn’t paying any money directly out of his pocket.
Foley, who was the most seriously injured, remained hospitalized for about six weeks after the attacks. He continues today to receive extensive medical treatment for his wounds and will require additional surgeries.
“He’s lucky to be alive,” Cohen said.
Sword has pleaded guilty to three ordinance violations for letting the dogs run loose, and he was ordered to pay the maximum $150 fine.
The dogs were shot by police during the attack.