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Harvey Woodley

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HARVEY WOODLEY, a Minor and )
Father and next friend, ) )
Plaintiffs ) ) ) Civil No._____________ vs. ) ) )
Defendant ) )


Harvey Woodley, a five (5) year-old boy, and his father, Ralph, were visiting the local zoo, “Randolph’s Zoo”, in Elgin, Illinois, on February 1. As their day was coming to an end, they decided to go to one last exhibit. There were no signs posted that said they had ventured onto a private property. After all, the building looked like the rest of the exhibits, just a little farther set back. So they walked on the sidewalk to the next exhibit. As they approached the front door a large German Shepard appeared. It seemed friendly as it tried to nuzzle the Plaintiff and his father. It had been snowing this day and snow had covered the ground. The plaintiff decided to lobe a snowball at his father and as the father ducked, a few flake seemed to have sprayed the dog. The large dog immediately attacked the young child. It was with such great force, the gashes of the wound required 117 to his right elbow. The “Dog Bite Statute” has four (4) elements to prove its validity. The elements are whether the defendant owns the dog; if the plaintiff’s act were without provocation; if the plaintiff’s act were peaceably; and if he was lawfully where he was to be. Mr. Androcle, the Defendant, has admitted he owns the German Shepard involved in the attack. The next issue is whether the plaintiff was lawfully on the property. As a reference in the case, Dobrin v. Stebbins (122 Ill.App.2d 387, 259 N.E.2d 405 1970) and Messa v. Sullivan (61 Ill.App.2d 386, 209 N.E.2d 872 1965), the plaintiff and his father where visiting the zoo during “ordinary hours of the day”. They were walking on a path that led to the front door. As stated by the...

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