A woman who claimed she was viciously attacked by her late father’s dog just days after his funeral has settled her High Court action on undisclosed terms.
The attack on Olivia Donnelly by the Japanese Akita dog called Bran lasted 90 minutes and only ended when she managed to crawl in a door and was dragged to safety, the court was told.
On Thursday, Aaron Shearer BL, for Ms Donnelly, told the court the case had been settled and could be struck out.
Mr Justice Bernard Barton said he was very pleased to hear the action had been compromised, adding it was clearly a difficult case. The judge also noted a claim for loss of earnings had been withdrawn.
At the opening of the case on Wednesday, Hugh McGahon SC, for Ms Donnelly, said she was so savagely attacked she was immediately transferred to Beaumont Hospital, Dublin where she spent eleven days in intensive care and a total eight weeks in hospital.
The key issue in her action for damages concerned the ownership of the dog at the time of the attack in 2015.
Her counsel said it was contended by the defence that Ms Donnelly, as one of the persons entitled to inherit the estate of her late father, may have been an owner of the dog and therefore may be liable for its actions.
Counsel said the early morning attack took place in the yard of the Redpenny Inn premises at Ardee Road, Co Louth, owned by Ms Donnelly’s publican father Michael at the time of his death on November 4th 2015.
Counsel said Mr Donnelly owned the three-year-old Japanese Akita dog and never let anyone else near it. The dog, he said, had a history of nipping and biting and was a “savage attacker” of other dogs when he got out of the property
Eight days after Mr Donnelly’s funeral the dog attacked Ms Donnelly as she went to bottle feed two pups of another dog on the property.
Counsel said other members of the family “heard the commotion”, tried to distract the dog and dragged Ms Donnelly through the pub door after she managed to get to it.
The attack, Mr McGahon said, lasted one and half hours and Ms Donnelly had been left with no use of her left arm and has had to have numerous operations. “There is no end to it,” counsel added.
Ms Donnelly (44), a mother of three and community officer of Mandydown Close, Red Barns Rod, Dundalk, had sued the administrator ad litem in the estate of her late father who owned the Redpenny Inn where the attack took place on November 15th, 2015.
She claimed she thought she was going to be killed by the dog, has suffered nightmares since the attack and has been diagnosed as suffering from post-traumatic stress disorder.
She further claimed failure to keep a muzzle on the dog and to ensure it could not attack her.
The claims were denied and it was contended Ms Donnelly failed to take any or any appropriate care when attending a premises where she knew a Japanese Akita dog to be present.