June 5, 2009 Copyright © Las Vegas Review-Journal
Carri Geer Thevenot
By CARRI GEER THEVENOT
LAS VEGAS REVIEW-JOURNAL
A mistrial was declared Thursday in the case of Brian Pye, the former owner of a landscaping business who claims he became permanently disabled after a 2003 attack by two pit bulls at a Las Vegas storage facility.
District Judge Jennifer Togliatti declared the mistrial after talking with District Judge David Wall, who was presiding over the civil case before leaving the state early Tuesday to deal with a family emergency.
“He recognizes the huge hardship that this poses on you,” Togliatti told the lawyers involved in the case.
Togliatti asked them to return to court Aug. 13 to set a new trial date.
Attorney Robert Eglet, who represents Pye, said that means a new trial will not begin until at least late fall.
“The client’s disappointed, but it is what it is,” Eglet said. “You can’t do much about it.”
Lawyers spent all of May 29 presenting their opening statements to the jury, which heard testimony Monday from three witnesses.
The trial was expected to last three weeks.
Togliatti excused the jury Thursday morning.
During opening statements, defense lawyers conceded that one of the two pit bulls owned by Ronald and Vickey Robinson bit Pye on the leg on June 19, 2003.
The Robinsons, managers of Storage at Summerlin, lived in an apartment at the 24-hour facility with their dogs, Turner and Hooch.
Eglet said evidence would show that Pye, who owned Bridon Landscaping at the time, was attacked by both the Robinsons’ pit bulls upon opening the facility’s electronic gate, causing him to fall and permanently injure his spine.
The attorney said Pye, now 51, had no major medical problems before the incident, which already has resulted in 20 invasive surgical procedures.
Eglet said Pye needs at least 18 more surgeries, and the lawyer hinted that he will seek a multimillion-dollar verdict. Pye closed his business in mid-2004 and will never work again, Eglet said.
The lawyer said all of the plaintiff’s treating physicians and experts attribute his neck and back injuries to the dog attack and subsequent fall.
Defense lawyers blamed Pye’s medical condition on pre-existing problems and denied it was caused by a run-in with the Robinsons’ pets.
Named, along with the Robinsons, as defendants in the case are 1650 Crestdale Lane, the company that owns Storage at Summerlin; and Corstan, the company that manages it.
Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-380-8135.
