April 22, 2004

Almaden woman sues San Jose Sharks' player over dog attack
She seeks personal injury compensation of more than $25,000

By Sheila Sanchez
Staff Writer

Almaden senior Sara Whitlock has sued San Jose Shark's defensive star Mike Rathje, and his wife, Shayna Rathje, for the death of her dog and other personal injuries she allegedly suffered last fall in a violent attack she claims was caused by the Rathjes' purebred American bulldog, Max.

The 66-year-old Whitlock filed a civil lawsuit April 7 in Santa Clara County Superior Court accusing the Rathjes of being negligent, strictly liable and responsible for the dog's attack and demanding more than $25,000 in damages she suffered such as wage losses, loss of use of property, hospital and medical expenses, general damages and loss of earning capacity.

“We haven't specified an amount in damages, but it will be in excess of the jurisdictional minimum of $25,000,” said San Jose attorney Jeffrey D. Janoff, who's representing Whitlock. “He (Mike Rathje) is strictly liable for the injuries resulting from the dog bite.

“It's strict liability. He allowed his dog to be out unsupervised. The dog bit somebody and he's liable for the injuries that are resulting from that. That's all there is to it,” continued Janoff. “It's not that complicated.”

The lawsuit seeks a court order for compliance and judgment for costs of suit, compensatory damages and personal injury damages “according to proof.”

The lawsuit claims that on Oct. 15, 2003, near the intersection of Mt. Forrest Drive and Camden Avenue (next to the Rathje's home, which is adjacent to the Los Alamitos Creek Trail), Whitlock was walking her small, 15-pound Norwich terrier dog, Banjo, when the Rathjes' 70 -pound dog allegedly attacked and killed the smaller dog. Whitlock was allegedly injured coming to the rescue of her dog.

The Rathjes have lived in Almaden Valley for several years and have two children. When the alleged attack occurred, they lived by the trail, but the family moved to another location in Almaden after the incident.

Janoff explained that the Rathjes have 30 calendar days to respond in writing to the complaint, which will be served within the next 10 days.

They then have to send a copy of their response to Whitlock and they must also attend the first case management conference, a preliminary court appearance for the court to process the case, he noted.

“She's (Sara Whitlock) not doing well. She's very traumatized by the event,” said Janoff, of his client.

It's been reported that Whitlock suffered injuries to her knee, which cost thousands of dollars in medical bills and lost her dog, which cost nearly $3,000, plus paid for veterinary bills incurred when Banjo was taken to the emergency vet center in Almaden.

Ken Arnold, a spokesman for the San Jose Sharks, said he spoke to Rathje about the suit and he's “politely declining any kind of comment or any kind of information passed to (the press).”

San Jose attorney Frank Ubhaus, who is representing the Rathjes, praised his clients for handling the incident appropriately after it occurred. “They expressed their deep sympathy to Mrs. Whitlock and there was a lengthy conversation between Mike's wife, Shayna, and Mrs. Whitlock shortly after it occurred.

“They have never refused to accept responsibility for what their dog did,” stressed Ubhaus. “It's a very unfortunate incident. They were very upset by it.”

Ubhaus also said the Rathjes' homeowners' insurance carrier will most likely pay for the damages incurred from the dog bite and that “there's really no need to file a lawsuit. I'm sure their policy limits are well in excess of anything that's needed to cover this.”

Ubhaus stressed that the dog has remained with the Rathjes because animal control officers have concluded that he's not overly aggressive. He believes several factors contributed to the Rathjes' dog being involved in the attack, including speculation that there was another dog where the incident occurred and that his clients are still trying to figure out how the dog escaped from the backyard. “It's not their habit to leave their gate open. People did sort of wander into their backyard from time to time and whether that happened, we don't know,” said Ubhaus.

Julie St. Gregory, a spokeswoman for San Jose's Animal Care and Services Division, said Whitlock had not requested a vicious dog hearing for the Rathjes' dog after the incident occurred. If she would have requested the hearing, the case would have gone to a hearing officer who would have listened to both sides to decide whether the Rathjes' dog should be declared vicious or not, she said.

St. Gregory said her agency required the Rathjes sign a compliance agreement with the city, stating Mike Rathje is the owner of the dog and agreed in writing to keep the dog confined to his own premises, behind a fence of sufficient height and construction to safely constrain the dog.

“We have closed the case,” said St. Gregory. “Mrs. Whitlock has opted to pursue this matter civilly. She had 10 days after the attack occurred to request the hearing and she didn't do it.”

The Rathjes reportedly sent flowers to Whitlock along with a letter of condolence soon after the incident occurred.

Janoff declined to reveal whether Whitlock has obtained another dog from Banjo's Vancouver breeders.