Mon, Jul 06 2009
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Published November 14, 2008 11:33 pm - A Monroe Township woman is suing the Ashtabula County Animal Protective League and a northern Ohio veterinarian after discovering the dog she obtained from the shelter was not spayed, as billed. LAWSUIT FILED AGAINST APL Unfixed dog lands shelter, vet in court By MARK TODD - Staff Writer - mtodd@starbeacon.com Star Beacon CONNEAUT — A Monroe Township woman is suing the Ashtabula County Animal Protective League and a northern Ohio veterinarian after discovering the dog she obtained from the shelter was not spayed, as billed.
When obtained early this year, the dog had stitches on her stomach, which indicated surgery had been performed. Months later, the owner was surprised to learn from a second veterinarian the animal had not been spayed. “To say that everyone was floored is an understatement,” the plaintiff, Marsha Rozalski, 7024 Richardson Road, said in a statement. Rozalski filed a lawsuit last week in Ashtabula County Common Pleas Court against the APL and Dr. Joy Hudson, who performed the alleged procedure on behalf of the APL, according to the complaint. Rozalski obtained the dog, then 2 months old, at the end of January, according to the lawsuit. The APL told Rozalski the same day of the adoption that the animal had been “altered.” Documents provided to Rozalski said the procedure had been done by Hudson and an APL staff member, according to the lawsuit. The dog’s fur had been shaved, and the “skin had been incised and sutured in the area of her abdomen, which plaintiff reasonably understood to indicate that (the) dog had recently been spayed,” according to the complaint. In September, Sandy the dog — a Labrador mix — began discharging blood, prompting a trip to a local veterinarian who informed Rozalski the animal was in heat. However, the reaction could have been caused by a portion of ovary left behind during the spaying, and the decision was made to perform surgery to retrieve any remaining pieces of ovary. When the procedure was done Sept. 25, the veterinarian discovered the ovaries were intact and the dog had not been spayed, according to the lawsuit. Rozalski claims the defendants “willfully and knowingly, and with intent to defraud their potential customers or clients, misrepresented the medical status of the dog.” In addition, the APL and Hudson “acted with gross negligence” in the matter, according to the complaint. Rozalski is seeking compensation for the dog’s medical bills, “annoyance and inconvenience, punitive or exemplary damages” and attorney fees, according to the lawsuit. The case has been assigned to Judge Ronald Vettel. A call was placed to the APL shelter on Green Road in Kingsville Township, seeking comment. The request would be passed along to the APL board, said someone who identified himself as a supervisor. Hudson reportedly works at a clinic in North Royalton, but when the business was contacted, a receptionist said Hudson no longer works there. She could not be reached for comment. Rozalski is represented by Conneaut attorney Brett Joseph. “If this is simple negligence, there’s cause for concern,” Joseph said. “If it’s a case of fraud or if intentional, my concern is much greater.” 
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