Dog bite victim files suit against Rottweiler owners

The controversy over a two-year-old Rottweiler dog that bit two Corbin girls within the span of a week last summer has now spilled over into the courts.
A lawsuit, filed Feb. 27, claims the former owners of the dog should pay Corbin resident William Baker and his daughter, Michelle, “sufficient compensation” for an attack by the dog that occurred on July 3, 2005.
The dog, named “Rocky,” was formerly owned by Judy Fluty and her son Justin Hembree, residents at 504 Third Street in Corbin. The lawsuit names Fluty and her landlords, Phillip and Betty Luke, as defendants.
Rocky became the center of controversy after he bit 12-year-old Kendra Bain on June 26 and then 15-year-old Michelle Baker a week later on July 3. Bain, who lives next door to Fluty, was bitten on the arm.
Baker, whose injury was much worse, was bitten on the leg.
She was unable to walk, without assistance, for several weeks and has already undergone surgery because of the bite. William Baker said further plastic surgery would be needed to reduce the scar left from the wound.
Michelle Baker was a member of the Corbin High School Volleyball team, but was forced to skip her senior season because of the bite. Her father said she was also unable to take a summer job due to the incident.
Baker was bitten while visiting a friend at Fluty’s home. She said a mutual friend enticed her to pet the dog in order to get it to be more comfortable with her.
Fluty claims she warned Baker not to pet the dog. It was chained up in her backyard during both attacks.
Corbin Police Jason Williams investigated the attack, but decided not to file criminal charges at the advice of the County Attorney. Owners of the dog could have only been charged with harboring a vicious animal, which is a misdemeanor offense.
At the time of the bite, Rocky was ordered quarantined by the Whitley County Health Department because of the attack on Bain a week before. The dog was confined to Fluty’s backyard on a long “runner” chain until after the second attack when it was more restrained by a log chain.
Fluty gave Rocky to residents of Louisa, a town near Ashland, in late July and no longer owns the dog.
The lawsuit, filed by Corbin Attorney David Kersey, is asking for a jury trial.