Woman who sued over attack by Japanese Akita dog settles case

Court heard attack lasted for 90 minutes and woman spent 11 days in ICU

Pictured in 2015, Olivia Donnelly claims she was attacked by her late father's dog just days after his funeral. Her action for damages was settled today. Picture Ciara Wilkinson

A mother of three who claimed she was viciously attacked by her late father’s dog just days after his funeral has settled her High Court action.

The attack on Olivia Donnelly by the Japanese Akita dog, called Bran, the High Court heard lasted 90 minutes and only ended when she managed to crawl in a door and was dragged to safety.

Counsel for Olivia Donnelly Aaron Shearer BL told the court today that the case had been settled and could be struck out.

Mr Justice Bernard Barton said he was very pleased to hear the action had been compromised and said it was clearly a difficult case. The judge also noted the claim for loss of earnings had been withdrawn.

At the opening of the case this week Ms Donnelly’s senior counsel Hugh McGahon said she was so savagely attacked she was immediately transferred to Beaumont Hospital, Dublin where she spent 11 days in intensive care and a total of eight weeks in hospital.

The key issue in Ms Donnelly’s action for damages before the High Court was who was the owner of the dog at the time of the attack. 

Her counsel said it was contended by the other side that Ms Donnelly, as one of the persons entitled to inherit the estate of her late father, may have been an owner of the dog and therefore may be liable for its actions.

Counsel said the early-morning attack five years ago took place in the yard of the Redpenny Inn premises at Ardee Road, Co Louth and which had been owned by Ms Donnelly’s publican father Michael at the time of his death on November 4, 2015.

Counsel said Mr Donnelly owned the three-year-old Japanese Akita dog and never let anyone else near the dog. The dog, he said, had a history of nipping and biting and was a “savage attacker” of other dogs when he got out of the property.

Eight days after Mr Donnelly’s funeral the dog attacked Olivia Donnelly as she went to bottle feed two other pups of another dog on the property. Counsel said other members of the family “heard the commotion” and tried to distract the dog and dragged Ms Donnelly through the pub door after she managed to get to it.

The attack, Mr McGahon, said lasted one and half hours and Ms Donnelly had been left with no use of her left arm and has had to have numerous operations. “There is no end to it,” counsel said.

Olivia Donnelly, a community officer of Mandydown Close, Red Barns Rod, Dundalk, Co Louth had sued the administrator ad litem in the estate of her late father Michael Donnelly, a publican who owned the Redpenny Inn on the Ardee Road, Co Louth where the attack took place on November 15, 2015.

The 44-year-old claimed she thought she was going to be killed by the dog and has suffered nightmares since the attack and has been diagnosed as suffering from post-traumatic stress disorder.

She further claimed there was an alleged failure to keep a muzzle on the dog and an alleged failure to ensure the dog could not attack her.

The claims were denied and it was contended Ms Donnelly allegedly failed to take any or any appropriate care when attending a premises where she knew a Japanese Akita dog to be present.