By Gretchen Schuldt
A Kenosha woman first was viciously attacked by a dog and then tased and shot by police trying to subdue the animal, according to Court of Appeals records.
And, because it was the second time the dog, named Tank, bit someone, the victim of the attack cannot collect from the dog owners' insurer.
The Integrity Mutual Insurance Company's policy "unambiguously excludes coverage for injuries caused by a dog that has previously injured a person," Appeals Judge Paul F. Reilly wrote in a decision handed down this week. The decision upheld a ruling by Kenosha County Circuit Judge Anthony G. Milisauskas.
The basic facts are not disputed, according to documents filed in the case.
Kathryn (Kit) Baumann-Mader was in her kitchen on Aug. 19, 2015 when she heard yelling from outside. She ran to the side door and saw another woman, Sara Hanson, holding her thigh and screaming "He bit me!"
Tank ran into a neighbor's yard, where he was tackled by "Junior," the son of Tank's owners, Shawn M. Lievense and Annette S. Salazar, according to a brief filed by attorneys for Kit Baumann-mader and her husband, David Mader; and Hanson and her husband, Cole Hanson.
"As Junior was trying to restrain Tank, he, too, began crying and yelling, 'They’re going to kill my dog,' 'they’re going to euthanize him,' ” the brief said.
Kit consoled Junior and helped him restrain Tank, then went into her house and got a tow strap to use as a leash for the dog. She help hold Tank down until police arrived. Then she turned the dog over an officer.
As the officer tried to get the dog into a squad car, Tank got loose, according to the brief.
"Tank 'lock[ed] eyes' on Kit and lunged at her, knocking her backwards to the ground," the brief said. "Tank bit her on the back/side of her thigh, the back of her thigh, her inner thigh, and her crotch area. As Kit describes it, 'He just started - - kind of like just started munching all around the thigh.' ”
'He just started - - kind of like just started munching all around the thigh.' ”
The brief continues:
"Then things went from bad to worse for Kit. As she was trying to push Tank off of her, she felt a 'sudden shock of electricity' in her left foot. A police officer apparently tried to shock Tank, but one of the prongs of the Taser shot into Kit’s left foot instead. Kit then remembers 'hear[ing] a bunch of sounds that sounded like firecrackers going off.' She realized that the officers were shooting at Tank. And then the next thing she recalls is her left foot “really hurting” and Tank laying on his side by her feet. '
"As emergency responders were treating her thigh wounds, she heard one responder whisper to another, 'Is that a dog bite?' The other responder answered, 'No, I think it’s a bullet hole.' At that moment, Kit realized she, too, had been shot."
Baumann-Mader was taken to the hospital where she had 29 staples put in her thigh and groin area.
Her foot was repaired with two plates and 14 screws. She was discharged after a week in the hospital, but required in-home care for a time. The scars remain.
Tank's history gave the insurance company a legitimate out, Reilly wrote for the District 2 appeals court panel that also included Appeals Judges Lisa S. Neubauer and Brian K. Hagedorn.
Tank, an English bulldog, bit someone in February 2015. The bite, which a police report said was unprovoked, required medical attention. It was not reported to the insurer.
The insurance policy makes clear, Reilly wrote, that damages caused by a second biting incident by the same dog are not covered.
"Integrity’s policy is not contrary to public policy; Kit and Sara’s injuries were caused by Tank, and the exclusion extends to injuries also allegedly caused by the police as the officer’s actions were not an independent cause," he wrote.
Gretchen Schuldt is executive director of the Wisconsin Justice Initiative.
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