Ball State University's insurance companies have until Nov. 29to deny a tort claim from a Muncie woman who was bitten by auniversity police dog in May.
Gurthia Cole, 37, was bitten on the hip May 28 by theuniversity's K-9 officer, Boyka, a Belgian Malimois. Ball StatePolice Chief Gene Burton said the dog was under the supervision ofOfficer Craig Hodson, who was assisting the Muncie PoliceDepartment at 2324 W. Euclid Ave. in response to a domesticincident at Cole's home.
Bruce Munson, Cole's attorney, said she told him that severalhours after Boyka bit her Hodson tried to give her $20.
Lawrence Cistrelli, director of Risk Management and InsuredBenefit Programs, said the university carries insurance policiesand has turned over the case to the insurance companies. Thecompanies will decide whether or not to deny Cole's claim by theend of the month.
"It's their decision," Cistrelli said. "I don't know what that'sgoing to be."
In the event that a lawsuit is filed, the insurance companieswould be responsible for hiring an attorney, he said.
"We've been sued a few times in the past, and that's typicallywhat happens," Cistrelli said.
Cistrelli said it was interesting when Cole filed the tort claimin August because, from his understanding, she denied medicalservices in May after the dog bit her and has not presented anymedical bills to the university since the incident.
Cistrelli said dog-biting cases are common occurrences and thatthe process Ball State is currently undergoing is routine.
"I would call this a minor case in my opinion," he said. "I'mnot in any way undermining (Cole's) claim. I'm simply saying thisis not a major claim -- loss of life, limb, impairment. This is aclassic dog-bite case."
Cistrelli said the Indiana Tort Claim Act stipulates that aclaim must be filed within six months of an incident before aperson can sue a government entity.
"(Cole) did a timely filing of the tort claim to give us noticeof the situation, and it could possibly open the door for alawsuit," Cistrelli said.
Notices of the tort claim filed on Aug. 29 were sent to BallState President Jo Ann Gora and the Indiana Political SubdivisionRisk Management Commission, Munson said. Burton and Hodson alsoreceived copies of the notice.
"We're investigating the incident to see if any of theallegations are true or not," Burton said.
If Ball State denies the claim, Cole could file a lawsuitagainst the university, Cistrelli said.
If Ball State does not deny the claim, it might engage in aprocess of settlement with Cole and Munson. However, if anagreement is not reached during the settlement process, it will beequivalent to a denial and will open the door for a lawsuit againstthe university.
"If by the end of November (Ball State) has not responded wewill probably file a suit," Munson said. "That will probably be myclient's instruction to me."
Cole will have until May 2006 to file a lawsuit.
Munson said he believes Cole's case is valid and that she has agood chance of winning.
"I think it's a good negligence case that she will prevailin...Our odds are very good to show that the defendants areliable," Munson said. "The second hurdle is to prove damages...I'mnot able to gauge what the damages are worth."
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