HDC defends death in pitbull lawsuit

Attorneys for the HDC contended that the Corporation took the necessary precautions against one of its tenants to ensure compliance with rules governing the keeping of dangerous dogs. Justice Frank Seepersad is hearing the matter and yesterday the woman’s husband, Lionel Rackal, testified that four pitbulls, owned by another HDC occupant, roamed the housing development area where they lived.

As a result, on May 9 while Denise Rackal, 47, a security guard, was walking out of Flamboyant Street, Edinburgh South Gardens on her way to work, she was attacked by four pitbulls named “Obama”, “Champion”, “Zola” and “Fella” which belonged to a fellow HDC resident, Darryl La Pierre.

La Pierre was a police officer and owned the dogs, but Rackal (Lionel) is contending in his lawsuit against La Pierre and the HDC, that the dogs were kept against the occupation of the HDC’s building and residential codes, and that they were aware of the dangerous dogs but took no action against La Pierre.

Rackal has sued La Pierre, but has named the HDC as a defendant as well and yesterday his attorney Prem Persad Maharaj called former HDC’s project manager Christopher Broker to testify. He said that he had given an interview to a newspaper after Denise was killed, in which he had said that he too was attacked by the dogs.

He said that he had compiled a report about the incident which he submitted to the area manager for HDC, Alan Cunningham.

Attorney Shankar Bidaisee, who is defending the lawsuit for the HDC, called attorney Sherman Holder who is one of the Corporation’s in-house attorneys and he said that as far as he was aware, there were no reports by anyone about the pitbulls roaming the area or of any attacks. He said the first time the HDC knew about the pitbulls’ attack or the escape through La Pierre’s gates or fence, was when it received Persad-Maharaj’s pre-action protocol letter on Rackal’s behalf. “There was no complaint that found itself on the files of the HDC,” Holder said under cross-examination by Persad- Maharaj.

Lionel testified that there were two holes in La Pierre’s fence surrounding his home from which the dogs would often escape. He said that prior to the attack on his wife, the dogs escaped on several occasions and they caused fear and panic among residents along Flamboyant Avenue.He also testified that the dogs were let out from the front gates. However, in cross-examination by Bidaisee, the husband admitted that he never reported the matter to the HDC. Persad- Maharaj called another HDC resident of the area, Susan Rivas, who was cross-examined by Bidaisee about what she knew about the dogs roaming the area. She testified that as an HDC tenant, she would report matters that were pertinent to the surroundings where she lived, particularly as it pertained to her home. In one such incident, she had reported to the HDC a problem she had with a leaking roof and it was repaired. Rivas also reported a picket fence that was constructed by a tenant which was against the building rules of the HDC. Rivas then testified that her son was bitten by one of the pitbulls prior to the attack on Denise. When asked by Bidasie if she reported that incident to the HDC, the woman replied that she did not. Asked why, Rivas said, “Because the owner of the dogs is a policeman and I just didn’t . I just didn’t....I just didn’t.” Rackal is contending that the HDC is liable for breach of statutory duty and/ or occupiers liability and/ or negligence, to take steps to prevent Denise’s death.

Lionel is seeking damages for bereavement, aggravated damages, damages under the Compensation Act, costs and interests.

Seepersad will deliver judgment on March 29.