Parents of Alabama 2-year-old killed in dog attack file wrongful death lawsuit

NEW HOPE, Ala. ( WHNT ) — The parents of a 2-year-old who was killed after a dog attack in March have filed a wrongful death lawsuit.

On July 19, Jason and Kayla Partain filed a wrongful death lawsuit on behalf of their 2-year-old son, Mark Partain, who was killed in a dog attack in March.

Court documents show that Melissa and Jeffrey Phillips were initially arrested and accused of violating Emily’s Law in June. Emily’s Law states that dog owners will be held accountable for dogs that are considered dangerous.

On March 1, HEMSI officers responded to a call about a child who a dog attacked while he was at a neighbor’s house.

Madison County Coroner Tyler Berryhill said the boy suffered fatal bite wounds during the attack. He was pronounced dead on the scene.

While investigating the attack, the sheriff’s office found two dogs at a neighbor’s home and the dogs were taken due to their “ potential involvement in the attack .” A third dog that officials believed might have been involved in the attack was located down the road.

Authorities say they discovered that one of the three dogs had recently been involved in another dog attack in the area that the New Hope Police Department had reported in January. All the dogs have been euthanized, according to the sheriff’s office.

On June 20, Melissa Phillips turned herself into the Madison County Sheriff’s Office. She and her husband, Jeffrey, were indicted and charged for death by a dangerous dog.

A court date for the new lawsuit has not been filed.

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