Justin Gilstrap: Family of Georgia boy, 11, mauled in dog attack sues owner, asks for punitive damages
COLUMBIA COUNTY, GEORGIA: The family of Georgia boy Justin Gilstrap, 11, who was viciously mauled by three pit bulls, have filed a suit against the owner, Burt Thomas Baker II, and is asking for compensatory damages as well as punitive damages with "no limitation," in the Columbia County Superior Court on Monday, January 30.
Justin was savagely attacked by the three dogs while he was riding on his bicycle, causing him to fall off and be dragged into a ditch on Langston Drive in Columbia County, on Friday, January 6. During the attack, 70% of Justin's scalp was torn off by the dogs, and his legs also had injuries that went all the way to the bone. His second ear had to be reattached after losing one.
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Justice for Justin Gilstrap
According to the lawsuit obtained by WRDW, “He has undergone and continues to undergo, extensive medical care and treatment,” the lawsuit states. “Despite this medical care and treatment, Justin Gilstrap will be left with permanent mental and physical injuries, including scarring and permanent disfigurement.” Although the dogs were euthanized, Burt was charged with reckless conduct.
Punitive damages are being sought by Justin's family in an effort to prevent the owner from allowing something similar to occur in the future. Brenda Johnson and a number of so-called John and Jane Does are also named as defendants in the lawsuit along with Baker, according to Justin's family who believes they contributed to the issue. “It’s about accountability for the people that are responsible for what happened to Justin Gilstrap. It’s about justice for Justin Gilstrap for everything that he’s been through and everything that he’s going to have to continue to endure,” said Adam King, Nicholson Revell LLP.
“As a result of Defendants’ negligence as alleged herein, Defendants are liable to Plaintiff for all damages sustained by Justin Gilstrap, including his medical expenses, physical and mental pain and suffering past, present, and future, and his permanent scarring and disfigurement,” the lawsuit states. “Defendants have acted in bad faith, been stubbornly and litigious, and have caused Plaintiff unnecessary trouble and expenses, thereby entitling Plaintiff to recover her reasonable attorney fees and expenses of litigation,” the lawsuit further reads.
Ongoing Investigation
King said the matter is still in the investigating stage and he isn't completely ruling out hiring more staff for Columbia County, “I think we’re looking at all options at this point. The investigation is still pretty early on. This just happened a short while ago. Whatever the investigation uncovers is the area that will travel as far as holding people accountable,” he said. According to the complaint, Baker and Johnson did not take the necessary precautions to stop their dangerous and aggressive dogs from attacking Justin. Thus, Baker and Johnson's actions violated their obligation to manage and restrain their dogs.
“We think that the evidence will turn out there Mr. Baker, Ms. Johnson knew that these dogs were dangerous and that they had a history of violent, unpredictable, erratic behavior. And that as a result of that, they should have taken better care to make sure something like this didn’t happen and really should have not had dogs like this in the first place,” said King. The lawsuit also says the “acts and omission of Defendants as shown herein constitute fraud, intentional misconduct, willful and wanton misconduct, oppression, malice, and a conscious indifference to the consequences related to the safety, health, and welfare of Justin Gilstrap.”
The lawsuit goes so far as to allege the defendants “acted and or failed to act with the specific intent to cause harm to Justin Gilstrap.” As a result, “there is no limitation regarding the amount to be awarded as punitive damages,” states the lawsuit. “Punitive damages are available in cases like this. Where there’s been a reckless, willful wanton, indifference to consequences, reckless indifference to consequences, and we certainly think that’s the case here,” he said.
Justin's mother, Ericka S Gilstrap, is listed as the plaintiff in the lawsuit which was filed in the Columbia County Superior Court.