Courtesy The bite, which ripped Rena Blackwell's lip in half, took more than 70 stitches to repair.

Courtesy Blackwell was bitten by a Rottweiler similar to the one pictured here.

Photo by Terri Davis graphic

A North Platte dog trainer is seeking $11,857.90 in medical bills after a two-year-old Rottweiler bit her in the face.

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Rena Blackwell, owner of R'Dogs Obedience and Agility Center, filed the lawsuit in Lincoln County District Court Oct. 2.

The lawsuit seeks medical and dental expenses of $11,857.90 from Gail Setliff, the owner of the Rottweiler, Molly.

The lawsuit said Blackwell suffered physical pain, mental suffering and lost earnings and is seeking damages from Setliff for failing to warn of the dog’s vicious tendencies and failure to control the dog.

In February, the North Platte City Council voted 7-0 to uphold the decision of the Animal Control Commission who had declared the dog potentially dangerous.

Setliff had appealed the Animal Control Commission’s decision to the council.

In a two-hour hearing, the council heard testimony about what happened that day before reaching their decision.

According to the North Platte city ordinance, once a dog has been declared potentially dangerous, the owner can only keep the dog under strict conditions which include marking her property with signs announcing a dangerous dog is on the premises and keep the dog leashed and muzzled anytime they are out of doors.

\The incident occurred Jan. 22, at Allen and Rena Blackwell’s dog obedience school at 1320 E. Eighth.

Setliff, 69, took Molly to an obedience class. Rena Blackwell told officers that Setliff wanted Molly to become “socially acceptable.”

Setliff said that she meant “polite and obedient” by using that phrase.

Setliff arrived early for the first obedience class that day and brought Molly into the building. Setliff asked Molly to sit, which she did. Fumbling in her purse for Molly’s treats and not finding them, Setliff asked Rena Blackwell to hold Molly’s leash while she searched.

Rena Blackwell said she bent down to pet Molly and that’s when the dog jumped up and bit her on the lower lip.

Allen Blackwell, Rena’s husband, was about 50-feet away and started toward his wife, the police report said. Allen Blackwell told officers that Molly made an aggressive move toward him and he yelled at Setliff to grab the dog’s leash.

Allen Blackwell said he got around the dog and drove his wife to the emergency room where she required 70 stitches to close the wound.

Testimony at the original commission hearing included Setliff’s testimony that Molly plays with her grandchildren and is around a lot of different people. She said Molly had never bitten anyone before.

Nancy Mullenix, who lived near the Setliffs and is Rena Blackwell’s aunt, reported that Molly had been aggressive with her when it got loose from the backyard once. She said the dog charged her and forced her back into her home.

The appeal hearing

Russ Jones, who represented the Setliffs, had a court reporter at the original Animal Control Commission hearing to have a record.

Jones repeatedly objected to the introduction of evidence, much to the consternation of Allen Blackwell. Jones was apologetic but said the objections were important to have on the record since they could be part of his appeal.

At times the council hearing became contentious.

“For someone who doesn’t like to interrupt, you sure interrupt a lot,” Blackwell snapped.

Jones also said the ordinance exceeds the scope of state statute.

“The ordinance in North Platte is much more restrictive,” Jones said. He said it treats the designation of a “potentially dangerous dog” like the statute treats the designation of a “dangerous dog.”

The issue the council spent the most time on was whether or not the dog had been provoked.

Rena Blackwell said she did nothing wrong. She said Setliff handed her the leash and she bent down slightly to tell Molly that she had some treats. Rena Blackwell said the dog gave no sign of being uncomfortable or stressed. She said she offered her outstretched arm and the dog suddenly lunged past it to her face.

Rena Blackwell said dogs might not be comfortable in a situation but should be able to tolerate humans. She said dogs give warning signs like getting stiff, dilated pupils, tense facial muscles and growl at you or bark. She said Molly did none of those things.

“It’s not a good indicator whether or not the dog has been around a lot of people,” Rena Blackwell said. “That’s like saying a murderer isn’t a murderer because he didn’t kill everyone he met.”

Rena Blackwell said she felt victimized. She said her credibility as a dog trainer was under attack.

“A private investigator even contacted some of my clients,” Rena Blackwell said. “But none of that changes the fact that the dog bit me.”

Allen Blackwell then testified and introduced a CD with a recording of the original Animal Control Commission hearing on it. He said the sound quality was poor on part of the CD because it was recorded in the Animal Shelter where dogs are repeatedly barking. He also included a transcript and had highlighted the portions of the CD that were audible.

Jones objected again.

“It violates the rules of evidence,” Jones said. “It’s not a complete transcript.”

Jones also said he appreciated getting notice he was being recorded that day.

Allen Blackwell said the recorder was in plain view and that he didn’t believe there were any rules of evidence at the hearing.

City Attorney Doug Stack, who moderated the hearing, advised the council to consider both points in their vote later.

Allen Blackwell’s testimony was emotional. He had to stop four different times and compose himself. He said he was an eyewitness and said seeing the dog bite his wife on the face was “one of the most horrifying things I’ve ever seen.”

Allen Blackwell said Setliff never apologized. He also criticized comments Jones made.

“Jones said, in a newspaper article, that the focus can’t be on the injury but on the dog,” Allen Blackwell said. “He wants the dog to be the victim.”

“One of the purposes of the dog ordinance is to prevent the dog from biting again,” Allen Blackwell said. “I believe the dog is dangerous but we don’t want her to lose the dog. I just hope and pray she can control the dog.”

Setliff, 2002 W. Leota, said she believed Rena Blackwell bent over and put her face in Molly’s face.

“She’s a dog trainer,” Setliff said. “She should know better than to put her face down in front of a dog.”

Setliff said Rena Blackwell was bent over far enough for her to see the top of her head. She also said that Rena Blackwell’s face was close enough for Molly to bite her without jumping and that she didn’t see Molly lunge.

“I wouldn’t make that up,” Setliff said.

Dr. Craig Kelly, owner of the Westfield Small Animal Clinic since 1977 and on the Animal Control Commission from its inception, said he believed that Rena Blackwell provoked the dog by getting too close to it. He said he did not believe Molly was a potentially dangerous dog.

Kelly said he has been bitten about 10 times in his 30 years of working with dogs. He said he believed he was to blame in every instance.

Kelly said he was careless or in a hurry or simply not paying attention in each instance. He said he never once considered calling the police or reporting the dogs as potentially dangerous.

Kelly said he had treated 220 Rottweilers since 1980. He said people who handle dogs for a living have to “read the dog’s mind” and look for signs. He did admit that he was bitten on the lip once by a German shepherd as he reached across it to give him a shot.

Kelly said dogs brought into the clinic or an animal training facility have to handled very carefully because they are out of their element and don’t like being there. He said a dog usually tells you what he is going to do before he does it.

“A big dog with a woman is a red flag,” Kelly said. “That dog is going to be more protective.”

The issue would be different if the dog were outside in the park or on a sidewalk, Kelly said.

“This was a facility with a professional dog trainer,” Kelly said. “It’s about the dog’s space. You just don’t bend over and put your face close to a dog.”

Kelly said he had seen Molly 10 times before and, like many other dogs that go to the vet, she didn’t like him much. But he said they respected her space.

Rena Blackwell said she didn’t put her face close. She said the dog lunged. She also said that being in close proximity to a dog is not provoking it.

“I pay close attention to warning signs,” Rena Blackwell said. She also said the hospital was required to report dog bites and that her husband called 911 while they rushed to the hospital to let them know they were coming.

Jones criticized Rena Blackwell for not revealing that Nancy Mullenix was her aunt when she testified at the original hearing.

Mullenix originally testified that Molly had chased her into her house and she avoided the Setliff’s house out of fear of the dog.

Rena Blackwell said she didn’t think it relevant.

“We live in a small town,” Rena Blackwell said.

Rena Blackwell told the council that she wouldn’t change anything about how she handled Molly because she did nothing wrong.

Martin Gutschenritter, Chairman of the Animal Control Commission, said the decision was an easy one for the commission.

“This dog is dangerous,” Gutschenritter said. “I’m worried about public safety. Kids don’t know how to assess a dog. I’m afraid this dog has some ugly potential.”

Gutschenritter urged the council to “stay tough on this ordinance.”

With little discussion, the council agreed with the original commission decision.