A West Valley woman and her 8-year-old son are suing their neighbor, Cynthia Rodriquez, after a pit bull bit the child in October.
Diep Phung and her son, Jay Phung, are requesting a jury trial to address the issues in the lawsuit and award them money for damages Jay allegedly suffered during and after the attack, according to the suit, filed last Tuesday in 3rd District Court.
On Oct. 8, Jay Phung was sitting in a non-motorized toy go kart near the West Valley City house where he lives with his mother, a widow who does not have medical insurance for the boy, the suit says.
A dog named Princess, which was running at large, attacked Jay unprovoked, the suit says. It says the dog would not release its grip of Jay's nose, and the boy hit his head as he struggled to free himself from the dog.
Diep Phung took Jay to Pioneer Valley Hospital's emergency room. He had a 5-centimeter laceration that required 11 stitches to close, the suit says.
The skin is no longer smooth on Jay's nose. The mother could not afford a plastic surgeon after the attack, so the boy will have permanent scars that are a different color and texture where the flesh was torn, the suit says.
In the future, Jay must decide whether to pay for plastic surgery or live with the scars, "expecting the scars to become more defined as Jay ages," the suit says.
The suit says that after the attack, Rodriquez was cited for having a dog running at large, attacking a person and lacking a current license.
Rodriquez is either the owner of the dog or has been its caregiver, the suit says.
Also named in the suit are 10 John and Jane Does, who may be identified in the future if the Phungs' attorneys discover any other people who have anything to do with the attack or care of Princess, the suit says.
Princess has intimidated neighbors by standing in front of their doors, preventing them from leaving their homes, the suit says.
The mother and son are asking for at least $150,000 in damages for pain, suffering, medical treatment and psycho- logical trauma, according to the lawsuit. They also request punitive damages of at least $75,000 and additional money to be determined at trial to compensate for other issues such as loss of earnings.
E-mail: lhancock@desnews.com