July 7, 2005

Almaden dog-attack case may be headed for trial

San Jose Shark’s player Mike Rathje named in suit

By Sheila Sanchez
Staff Writer

Sara Whitlock’s lawsuit against San Jose Shark’s defensive star Mike Rathje and his wife, Shayna, for the death of her dog and other personal injuries she allegedly suffered in a 2003 attack by the Rathjes’ American bulldog, “Max,” appears headed for a jury trial.

Sara Whitlock and the late “Banjo”

After the 66-year-old Whitlock filed a civil lawsuit April 7, 2004, in Santa Clara County Superior Court against the hockey player, both sides are scheduled for a settlement conference Aug. 10 with a jury trial date set for Aug. 15 on the court calendar.

Whitlock is accusing the Rathjes of being negligent, 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.

Whitlock’s attorney, Jeffrey D. Janoff, said because the Rathjes are on vacation, their attorney is requesting postponing the conference and the trial. He declined to reveal how much he’s seeking from the Rathjes or from their homeowners’ insurance carrier, Allstate, to compensate his client, but has said in the past that the amount of damages will be more than the jurisdictional minimum of $25,000.

“Mrs. Whitlock is not doing well. She still carries the physical and emotional scars of the incident,” he said. “I would hope that the Rathjes will recognize their obligation under the law to justly and properly remedy the losses that Mrs. Whitlock has suffered.”

The lawsuit claims that on Oct. 15, 2003, near the intersection of Mt. Forrest, in front of the Rathjes’ residence at 6616 Camden Ave., near the Los Alamitos Creek Trail, Whitlock and her small, 15-pound Norwich terrier puppy, “Banjo” were attacked and bitten by the Rathjes’ 95-pound purebred dog. The dog is alleged to have mauled the smaller animal, but despite efforts from onlookers the dog did not release Banjo from his jaws until firefighters arrived at the scene and used fire extinguishers.

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 moved to another neighborhood off McAbee Road after the attack occurred.

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 $1,600, plus paid for veterinary bills incurred when “Banjo” was taken to an emergency vet center in Almaden.

The Rathjes were unavailable for comment. Their attorney, Frank Ubhaus, has 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.

Mike Rathje is a defensive player for the San Jose Sharks.

“They have never refused to accept responsibility for what their dog did,” said Ubhaus last year. “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 did not immediately return several calls by the Almaden Times Weekly to comment on the case’s recent development.

Last year he said that the dog had remained with the Rathjes because animal control officers concluded he was 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 wonder 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.

The Rathjes reportedly sent flowers to Whitlock along with a letter of condolence soon after the incident occurred.
Since the incident, Whitlock has obtained another dog, according to Janoff.