Brookfield child to get $840,400
By Karen Ali
THE NEWS-TIMES

BROOKFIELD - Nearly $1 million has been awarded to a 3-year- old Brookfield boy who was mauled by a bull mastiff in February.

Dawson Stout was playing with his cousin on Feb. 20 at his cousin's house on Prospect Drive when a neighbor's 110-pound dog pushed its way under a fence and attacked him.

The dog, named Reno, was one of two bull mastiffs owned by William Albers and Nancy Downs. Downs' father, Tom Kiernan, owns the property where his daughter lives. All three were named as defendants in the lawsuit settled June 21.

Both dogs were destroyed soon after the incident.

Ridgefield lawyer Harvey Kulawitz, who represented the Stout family, said on Monday that this case highlights how important it is for dog owners to restrain their animals properly. "People have to understand, under Connecticut law they are strictly liable for any injuries that their dogs cause. It's a very hard and fast standard and people don't get it."

Kulawitz said that the mastiff charged at the toddler and put his head in its jaws.

"He was trying to eat, kill that boy. That dog wanted to kill that boy," the lawyer said. "The dog should have been secured."

The child suffered severe facial injuries and a fractured skull.

"The boy was terrified. The father was terrified," Kulawitz said.

Dawson's father. David, was about 50 feet away from his child and his nephew at the time of the attack. When he got to his son, he threw the dog off of him. The child's uncle, Peter Schwartz, then put the dog in a kennel in his own yard, but the dog broke through. Schwartz tried to control the dog until the dog's owner came to get him.

The total amount awarded was $902,400, of which $840,400 will be available to Dawson when he is between 18 and 30. The remainder was used for legal and other fees associated with the case.

The lawyer for the defendants, John Tower of New Milford, confirmed on Monday that a settlement had been reached, though he declined to elaborate on the agreement except to say that "the case was resolved to the satisfaction of both sides."

Tower added that he stands by his prior statements. Tower has said his clients were "stunned" by the attack and "have been severely upset and feel heartfelt sympathy and concern for this child."

Travelers Insurance Co. covered most of the costs associated with the award, but the defendants did pay an out-of-pocket amount.

"There was no warning or behavior by this dog that would

suggest he is capable of this act," Tower said in March. "This dog showed no aggression or violent tendencies. As far as (the owners) were concerned, the dog was 100 percent trustworthy since he was a puppy."

"The dog was playful with children," Tower added.

The settlement, which became official on June 21. is on file in the Probate Court of Brookfield.

Contact Karen Ali at kali@newstimes.com or at (203) 731-3341.