Staffy owner ordered to pay more than $100k over ‘violent and terrifying' attack
A dog owner has been ordered to pay more than $100,000 after their greyhound-staffy attacked a small dog and their owner, who was left with PTSD after the attack, a court has heard.
Bridal shop owner Mary Ioannidis, 54, lodged a claim for damages in the NSW District Court after her 11-year-old Shih Tzu named Lexi was attacked in April 2020 while on a walk in Sydney's south.
The court heard how Lexi had to have her front left leg completely amputated due to the 'violent and terrifying' attack, which occurred on a suburban street in Mortdale.
However, it was the psychiatric impact to Ms Ioannidis that led to damages claim, with John Catsanos SC finding the owner has suffered PTSD as a result of the attack.
The court heard how the large greyhound Staffordshire bull terrier, owned by Melissa Carretero, was unrestrained when it viciously attacked Lexi, who was on a retractable lead.
'[Ms Ioannidis] described graphically how [Ms Carretero's] dog grabbed Lexi and was throwing her from side to side as [Ms Ioannidis] tried desperately to pick her up,' Judge Catsanos said in his decision.
Ms Ioannidis told the court: 'He kept running back and launching at me and he just kept attacking, and he just didn't stop. He didn't stop, and I was falling over and trying to get on my feet.'
The court decision detailed how the staffy 'ripped Lexi's whole paw off at the joint' and also bit Ms Ioannidis 'across the neck, her face around the chin, her arm and her legs'.
'[Ms Ioannidis] described fingernails being completely ripped off in the chaos of the attack as she was falling over and tripping on the lead, all the time trying not to let go of Lexi,' the decision stated.
The court heard how there was luckily a vet nearby which provided Lexi with emergency treatment, including amputation of the leg at the shoulder.
Lexi has since died due to unrelated causes.
Ms Ioannidis told the court the trauma left her with crippling anxiety and said she has lost 10 kilograms since the attack.
Her partner said Ms Ioannidis now 'locks herself in the house' and said it was 'very hard to persuade her to leave.'
'Mentally, I don't cope with very much at the moment or since,' Ms Ioannidis told the court.
'Just my anxiety, being outside, having to run into any dogs. I didn't want to have to deal with any people.'
'I don't do anything. I don't want to go anywhere. It doesn't leave my head. I can't sleep. If I go for a walk, it has to be with someone, and I'm constantly looking over my shoulder.'
Staffy owner's defence
Ms Carretero admitted her dog attacked Lexi but denied it attacked Ms Ioannidis.
She argued to the court that Ms Ioannidis should not be entitled to recover damages for psychiatric injury suffered 'as a result of what happened to Lexi'.
She also argued Ms Ioannidis continued to work and often went to the gym since the attack.
'A direct attack was made on the [Ms Ioannidis] bona fides in terms of malingering and exaggerating and it was put to her that there were Instagram posts of her at weddings,' Judge Catsanos wrote in his decision.
'[Ms Ioannidis] accepted that she had attended family weddings but said this was very different to working and she nonetheless had difficulties in attending family functions.
'She recounted how on one occasion she had to write a letter to the wedding venue to be able to bring Lexi with her.'
Judge Catsanos found Ms Ioannidis had suffered economic loss and would continue to do so due to her PTSD.
'On balance, I find that the dog attack caused the plaintiff to suffer psychiatric injury in the form of PTSD,' Judge Catsanos said in his decision.
'[Ms Ioannidis] suffers a genuine psychiatric condition as a result of the attack.'
Judge Catsanos ruled damages in the amount of $49,500 for non-economic losses in relation to the mental harm caused, as well as $15,000 for future mental health treatments and $35,000 due to past and future lost income.
He also ruled an amount of $2,288.63 for medication and mental health costs which Ms Ioannidis had paid since the attack, with the total damages coming to $101,788.63.
Judge Catsanos also ruled Ms Carretero pay Ms Ioannidis' legal costs.
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