The Gruesome Death of a Beloved Pet at an Upscale Boarding Facility for Dogs Has Left its Owner Distraught and Grieving

Now, her lawsuit over the demise of the 4.5-pound teacup Yorkie, attacked by a Labrador mix puppy seeks to prove that animals are far more than property.

Falen LaPonzina filed a lawsuit in D.C. Superior Court last week against Wagtime Too, which operates doggy day care and boarding facilities in Washington. She alleges that the business was negligent in allowing her dog, Dax, to be kept alongside another canine four times its weight. She is seeking $150,000 in damages.

But LaPonzina said she wants more than money. She wants the courts to recognize the role pets play in the lives of their owners. She said the 12-year-old Dax, with a giant underbite, was a friendly and loyal companion who had been a constant through her transient twenties and thirties.

“I had no idea when I dropped my dog off there I would never see him again,” LaPonzina said. “Yorkies live to be 18 to 20 years old. He had many good years left.”

Wagtime Too has denied that the business was negligent in its care of the dog. Lisa Schreiber, a co-owner, said the dog’s death was a “freak accident.” She said that an employee had been watching all the dogs and that by the time he saw the lab mix attacking Dax, it was too late.

LaPonzina said she traveled to Alaska in July, dropping off Dax at Wagtime Too, which advertises itself as a cage-free facility. There are two locations in the District, where owners can board their pets for $55 a night. LaPonzina, a 36-year-old lawyer, and Dax had been regulars at the company’s facilities, first in Shaw and later in Navy Yard, since 2010.

LaPonzina said she did not check her phone during her week-long cruise. But when she got off the ship in Canada, she found missed calls and messages from Wagtime Too indicating there had been an emergency. Dax was dead.

An 18-pound Labrador mix puppy had picked up the teacup Yorkie with its mouth, and moments later the miniature dog was no longer breathing, Schreiber said in an interview.

The Labrador, a rescue, was screened before it came to Wagtime and never displayed aggressive behavior, she said. After the incident, the dog was evaluated by a canine-behavior specialist who also found no signs of violence in the rescue dog. The Labrador has since been adopted by a woman with no children and no other dogs.

“This is not anything that anyone who works for me could have prevented,” Schreiber said. “I do want people to understand this is a cage-free facility, and there are inherent risks here. We are not negligent here, but it is horrible that it happened.”

Bruce Wagman, a partner at Schiff Hardin in San Francisco who specializes in animal law, said that a six-figure settlement awarded to LaPonzina would be an unprecedented amount in the death of an animal.

That seems an unlikely outcome, however, Wagman said.

If someone intentionally kills a pet, it occasionally might yield a significant penalty. But for LaPonzina to receive a sizable settlement, Wagman said, she would have to prove that Wagtime was not just negligent but had intentionally killed Dax. When owners do receive significant cash settlements for the death of a pet, such as when a police officer kills a dog during a home raid, Wagman said, it is typically because the officer violated the civil rights of the homeowners, not because their pet is dead.

“Every state, in every court everywhere, animals are considered property,” Wagman said. “That said, there is no question that courts are more and more appreciating that animals are not like computers. They are not vases, and they’re not books.”

This is not the first time Wagtime has faced complaints about its care of animals or how it operates its facilities.

In 2015, a dog walker dropped the leash of a 9-month-old puppy being boarded overnight, and the dog was struck by a car. Its owner sued, but the case was settled out of court.

Wagtime ran into trouble in 2003 for moving into a now-closed location near Logan Circle without a certificate of occupancy. It also squabbled with neighbors over noise and cleanliness complaints.

LaPonzina’s lawsuit also accuses Wagtime Too of not having the correct license to operate its Navy Yard location. Dog-care facilities operate under a D.C. basic business license, and the District’s Department of Consumer and Regulatory Affairs said the Navy Yard location has not been issued one. On Nov. 3 the owners applied for a certificate of occupancy, which is not the same as a business license.

Schreiber said that she has been in touch with city agencies and that the absence of a license is the result of a paperwork error. Matt Orlins, a spokesman for the DCRA, said there is no evidence of a clerical error.

Wagtime see hundreds of dogs a day, and until Dax, none had ever died in its facilities, Schreiber said.

Last week she sent a letter to customers informing them of the July death of Dax and ensuring them that their canines are safe in Wagtime’s care. “This incident was not in any way caused by negligence,” the notice stated.

LaPonzina said she will be going beyond the courts and pushing for regulatory reform in the D.C. government to tighten operating standards for dog-boarding facilities.

“Dax was just so adorable, you couldn’t ever be mad at him — you couldn’t not love him,” LaPonzina said. “This dog has been through it all with me.”


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Maryland Couple is Suing a Kennel After One of Their Toy Poodles Was Killed by a Much Larger Dog

A Maryland couple is suing a kennel after one of their toy poodles was killed by a much larger dog.

The Klionskys of Bethesda boarded their toy poodle puppies Pumpkin and his apricot-colored sister Peanut at Life of Riley in Rockville in November to take a trip to Paris. They returned two days later when they learned their 5-pound Peanut was dead.

“I was totally devastated,” Yumi Klionsky said. “I couldn't eat for a week. I cried every single day.”

“She still cries,” said her husband, Mark.

The couple was told their little dogs would be kept separate from big dogs, Mark Klionsky said.

“They let the small dogs out into the same area as the large dogs to relieve themselves,” he said. “During that time, our puppy Peanut was attacked and killed by a hundred-pound bull mastiff.”

Life of Riley owner Paul Abbott said they dedicate their lives to taking care of animals but had an incident and want to make it right.

The Klionskys are suing the kennel for $17,600 in damages -- the money from their lost trip and previous medical bills for Peanut. They said they are suing for negligence; the money isn't important.

They want all dog owners who send their dogs to the facility to know about the tragedy.

At first, Yumi Klionsky couldn't think about replacing Peanut, but then the breeder heard about the loss of Peanut and allowed the Klionskys to adopt her sister from the same litter, Pinot.

“She's a small version of Peanut,” Yumi Klionsky said. “She has her own character, and I would like to respect and take proper care and give lots of love.”

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Special Needs Rescue Dog Sent to Boarding After Guardian Injured in Fire

On September 23, a rescued pit bull was saved by his guardian, who managed to keep her wits about her and save his life, despite devastating injuries from a fire in her New York area apartment.

Today, the dog, named "Otto," is in boarding and Cara Handtmann, the devoted owner who saved his life, remains hospitalized for treatment of serious burns to her face, arm, chest, abdomen, flank and thigh. Handtmann and her family are struggling to pay for the high boarding costs and a long-time family friend is hoping that she can help.

Handtmann's friend, Kim, emailed the National Dog News Examiner and stated:

A dear family friend was burnt in an apartment fire in New York a couple of weeks ago. She has been in the ICU/Burn unit ever since and the doctor's won't even discuss a release date because her burns have to heal and she still might have to have skin graft surgery.

She rescued her dog Otto from inhumane conditions a year ago, and now poor Otto has been in boarding since the accident and is costing Cara $60 per day.

Otto has special needs - and because of those issues, he requires boarding that keeps him away from other dogs. Kim described Otto's issues:

When she rescued him he was 20 pounds under weight, he was stained yellow from sitting in his own waste, and he had severe environmental and food allergies along with gastrointestinal issues related to his allergies. He also had severe anxiety and fear, and he was severely leash-reactive to other dogs.

Handtmann has a long road to recovery ahead of her and it is unknown how long Otto will remain at the boarding facility. Handtmann's disabled mother, and her sister, have flown from Oregon to be with Cara as she recuperates - during their stay, their own dogs have been placed into boarding and they are incurring their own daily hotel charges.

Anyone who is interested in helping this family can read more about the situation, and make a donation, at this fundraising site, or, by phoning Petsmart at 212-534-2590 (ask for the front desk and they will put money on a gift card that can be used to help pay down the balance). Cara's mother's dogs, Hank and Lucy, are at Mini Paws in Oregon. Donations can be phoned to 503-681-9393.

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Americans Spent $50.96 Billion on Their Pets in 2011

For the first time in history more than $50 billion has been spent on pets: dogs, cats, canaries, guppies and the like, reports The American Pet Products Association.

Food and vet costs accounted for about 65 percent of the spending. But it was a service category - one that includes grooming, boarding, pet hotels, pet-sitting and day care - that grew more than any other, surging 7.9 percent from $3.51 billion in 2010 to $3.79 billion in 2011.

APPA President Bob Vetere said 2012 should be another banner year for services, predicting it would grow 8.4 percent to an estimated $4.11 billion in 2012.

Owners are taking care of their pets, said Dr. Jessica Vogelsang, a San Diego veterinarian and author of pawcurious.com. "They are planning ahead. When they go on vacation, they want to make sure their pets are well cared for," she said.

Spending in 2011 was up 5.3 percent from 2010, when it totaled $48.35 billion, Vetere said. He estimated 2012 sales would total $53 billion.

In 2011, people spent $19.85 billion on food, $13.41 billion on vet care, $11.77 billion on supplies and over-the-counter medicines, $3.79 billion on other services and $2.14 billion on live animal purchases.

In 2010, they spent $18.76 billion on food, $13.01 billion on vet care, $10.94 billion on supplies and over-the-counter medicines, $3.51 billion on other services and $2.13 billion on live animal purchases.

Food sales did slow down, Vetere said, even though the 5.8 percent growth exceeded projections of 4.1 percent growth.

APPA numbers indicate that animal sales and adoptions are flattening out and the number of people who switched over to high-end food products is topping out.

Pet ownership is becoming less of an impulse decision, Vogelsang said. "I am seeing a lot of people saying, 'This isn't the time for us.' People are more interested in pets than ever before but they are taking their time, once they make the commitment, to do it right."

"I don't think this is a bad thing. I am proud of the owners," she said.

Pet insurance is another area that is expected to grow briskly, Vetere said. Included in the veterinary care category, insurance was estimated to be $450 million in 2011 and expected to grow to more than $500 million in 2012.

"Insurance makes such a difference in the health of an animal," Vogelsang said. "I can't tell you how many times I have had a pet come in and the only reason (the owners) were able to afford catastrophic care is because they had insurance. It's literally a life-saver and I'm really glad people are embracing the concept," the veterinarian said.

The pet industry is also a major attraction for entrepreneurs and investors looking for creative and innovative products, Vetere said.

Vogelsang believes the trend is toward "very specific items geared to the specific needs of pets. We are seeing a lot of puzzle feeders for dogs - not just toys but ones that are geared toward the mental needs of the animal. Then there are bionic toys for destructive chewers, a lot of very niche items," she said.

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