CONNEAUT — A Monroe Township woman is suing the Ashtabula County Animal Protective League and a northern Ohio veterinarian after discovering the dog she obtained from the shelter was not spayed, as billed.
When obtained early this year, the dog had stitches on her stomach, which indicated surgery had been performed. Months later, the owner was surprised to learn from a second veterinarian the animal had not been spayed.
“To say that everyone was floored is an understatement,” the plaintiff, Marsha Rozalski, 7024 Richardson Road, said in a statement.
Rozalski filed a lawsuit last week in Ashtabula County Common Pleas Court against the APL and Dr. Joy Hudson, who performed the alleged procedure on behalf of the APL, according to the complaint. Rozalski obtained the dog, then 2 months old, at the end of January, according to the lawsuit. The APL told Rozalski the same day of the adoption that the animal had been “altered.” Documents provided to Rozalski said the procedure had been done by Hudson and an APL staff member, according to the lawsuit.
The dog’s fur had been shaved, and the “skin had been incised and sutured in the area of her abdomen, which plaintiff reasonably understood to indicate that (the) dog had recently been spayed,” according to the complaint.
In September, Sandy the dog — a Labrador mix — began discharging blood, prompting a trip to a local veterinarian who informed Rozalski the animal was in heat. However, the reaction could have been caused by a portion of ovary left behind during the spaying, and the decision was made to perform surgery to retrieve any remaining pieces of ovary.
When the procedure was done Sept. 25, the veterinarian discovered the ovaries were intact and the dog had not been spayed, according to the lawsuit.
Rozalski claims the defendants “willfully and knowingly, and with intent to defraud their potential customers or clients, misrepresented the medical status of the dog.” In addition, the APL and Hudson “acted with gross negligence” in the matter, according to the complaint.
Rozalski is seeking compensation for the dog’s medical bills, “annoyance and inconvenience, punitive or exemplary damages” and attorney fees, according to the lawsuit.
The case has been assigned to Judge Ronald Vettel.
A call was placed to the APL shelter on Green Road in Kingsville Township, seeking comment. The request would be passed along to the APL board, said someone who identified himself as a supervisor.
Hudson reportedly works at a clinic in North Royalton, but when the business was contacted, a receptionist said Hudson no longer works there. She could not be reached for comment.
Rozalski is represented by Conneaut attorney Brett Joseph.
“If this is simple negligence, there’s cause for concern,” Joseph said. “If it’s a case of fraud or if intentional, my concern is much greater.”
Local News
LAWSUIT FILED AGAINST APL
Unfixed dog lands shelter, vet in court
- Local News
-
-
Murder suspect kills self at mother’s grave
Madison Township police officers found the body of a murder suspect in the Alexander Harper Cemetery on Thursday afternoon, ending a day-long, multi-county manhunt.
-
Presses stopped
It was June 23, 1969.
-
Airport takes off with a new name
A new name for the Ashtabula County Airport is winding its way through the regulatory channels.
-
Property owners must pay for meth labs in Jefferson
An ordinance requiring landowners to pay for the clean-up costs of clandestine drug labs was unanimously adopted by Village Council.
-
Elections board gets help with time-consuming tasks
A Xenia company specializing in election services will take on some time-consuming tasks that should help contain the Ashtabula County Board of Elections’ labor costs, members said.
-
Commissioners pay to get the business
Commissioners on Tuesday approved a $15,000 contract with Growth Partnership for Ashtabula County to provide business service representation on behalf of the county’s One-Stop job training center.
-
Grand Valley sixth grader wins Ashtabula County Spelling Bee
James Elliott, a sixth grader at Grand Valley Middle School, clinched his win of the 29th annual Ashtabula County Area V Spelling Bee by successfully spelling the words “physique” and “daffodil.”
-
Sports, academics to come together
SPIRE Institute will expand its educational base and accept international students into its sports performance programs through a partnership with the Andrews Osborne Academy, Ted Meekma, SPIRE management team member, announced Wednesday.
-
Conneaut Chamber lauds top citizen, ‘Champions’
Nicholas Iarocci, Conneaut’s 2011 Citizen of the Year, needed plenty of gulps of water to complete his acceptance speech Tuesday night.
-
Felony charge filed in robbery
An Ashtabula woman who police said grabbed a woman’s purse inside a Conneaut supermarket late Monday afternoon faces a felony charge in Conneaut Municipal Court, according to reports.
- More Local News Headlines
-
