McLarty v. Lias

Case Background

William and Evie McLarty filed a dog bite lawsuit after their son Christopher McLarty was brutally mauled by a neighbor’s dog who chewed the boy’s calf, alleging negligence on the neighbor’s part for letting the aggressive dog roam freely.

The case was filed in the Mississippi Circuit Court, Nineteenth Judicial Circuit Court. Judge Kathy King Jackson presided over the case. [Case number: 23-27]

Cause

In January 2023, Plaintiff Christopher McLarty, then 12 years old, lived on Porpoise Drive in the Gulf Parks Estates neighborhood of Ocean Springs. His neighbors, Ray and Amanda Elias owned a pit bull named Trashcan, which they described as a gentle and beloved family pet. However, Christopher’s experience with the dog was quite different.

On January 1, 2023, while walking home, Trashcan suddenly charged at Christopher. The dog bit him on the buttocks and legs, causing multiple puncture wounds. Roughly two months later, on February 19, 2023, Trashcan attacked again. Christopher was walking along the street when the dog bit him on the calf.

Injury

Evidence showed that the dog had chewed through part of Christopher’s calf muscle. As a result, Christopher spent five days in the hospital and underwent nine surgeries. He later missed 90 days of school due to his injuries.

Damages

If Christopher prevailed in court, the jury could award him general damages for his suffering and losses.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Christopher McLarty | William McLarty | Evie McLarty
    • Counsel for Plaintiff(s): Matthew S. Lott | William B. Bidwell
  • Defendant(s): Ray Elias | Amanda Elias
    • Counsel for Defendant(s): Ellerby D. NeShondria

Claims

In this dog bite lawsuit, William and Evie McLarty, Christopher’s parents, sued the Eliases. They claimed the Eliases were negligent for allowing their aggressive dog to roam freely.

Defense

The Eliases denied any wrongdoing and rejected the claim that Trashcan was aggressive. They argued that the interaction happened only after Christopher strayed onto their property. Trashcan remained with the Eliases after the incident.

Jury Verdict

On May 21, 2024, the jury returned its verdict, which was divided. It found Ray negligent but cleared his wife of any wrongdoing. The jury then considered damages and awarded Christopher a general sum of $400,000. The court later entered a consistent judgment based on the jury’s findings.

Court Documents:

Available upon request