STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF HILLSDALE   Case No: 25-245-NO   MICHAEL BEARINGER, as Next Friend of, GABRIELLA BEARINGER, a Minor, Plaintiff, vs   AUSTIN JACOB BENNETT, Defendant. _________________________/    CLAIRE D. VERGARA (P77654) THE SAM BERNSTEIN LAW FIRM Attorneys for Plaintiff 31440 Northwestern Highway, Ste. 333 Farmington Hills, MI 48334-2519 (248) 858-8071 / Fax: (248) 737-4392 cvergara@sambernstein. com dankney@sambernstein.com; (Dani-asst.)   COMPLAINT AND JURY DEMAND _________________________ There is no other civil action between these parties arising out of the same transaction or occurrence as alleged in this Complaint pending in this Court, nor has any such action been previously filed and dismissed or transferred after having been assigned to a judge, nor do I know of any other civil action not between these parties, arising out of the same transaction or occurrence as alleged in this Complaint that is either pending or was previously filed and dismissed, transferred, or otherwise disposed of after having been assigned to a judge in this Court. _________________________   NOW COMES Plaintiff, MICHAEL BEARINGER, as Next Friend of GABRIELLA BEARINGER, a Minor, by and through his attorneys, THE SAM BERNSTEIN LAW FIRM, by CLAIRE D. VERGARA, and for his cause of action against Defendant, AUSTIN JACOB BENNETT, respectfully shows unto this Honorable Court as follows: 1. That Plaintiff, MICHAEL BEARINGER, as Next Friend of GABRIELLA BEARINGER (hereinafter ‘Plaintiff”), is a resident of the City of Jonesville, County of Hillsdale, State of Michigan. 2. That GABRIELLA BEARINGER, minor, is a resident of the City of Jonesville, County of Hillsdale, State of Michigan. 3. That upon information and belief, Defendant, AUSTIN JACOB BENNETT, is a resident of the City of Hillsdale, County of Hillsdale, State of Michigan. 4. All of the acts and occurrences relevant hereto arose in the City of Hillsdale, County of Hillsdale, State of Michigan. 5. The amount in controversy in this litigation exceeds the sum of Twenty-Five Thousand Dollars ($25,000) exclusive of costs, interest and attorney fees.   COUNT I- STATUTORY LIABILITY AGAINST DEFENDANT, AUSTIN JACOB BENNETT, UNDER MCL 287.351   6. Plaintiff hereby adopts and incorporates by reference each and every allegation contained in the Common Allegations of this Complaint as if more specifically set forth herein, paragraph by paragraph, word for word. 7. On or about May 18, 2024, minor Plaintiff, GABRIELLA BEARINGER, was lawfully on Defendant’s property, Defendant’s dog then viciously and violently bit, mauled, attacked, scratched and otherwise injured minor Plaintiff at Defendant’s home and/or property, located at 7695 Church Road, Hillsdale, Michigan. 8. That the subject dog was owned, controlled, and/or possessed by Defendant. 9. The aforementioned biting and/or attack took place in the City of Hillsdale, County of Hillsdale, State of Michigan, without provocation on the part of minor Plaintiff. 10. Defendant is strictly liable for the damages sustained by the Plaintiff by virtue of the terms of MCL 287.351 a statute of the State of Michigan in full force and effect. 11. As a direct and proximate result of having been bitten, mauled, and/or attacked by the aforementioned dog owned, controlled, and/or possessed by Defendant, minor Plaintiff suffered and will continue to suffer serious, grievous, severe and permanent injuries, disabilities and damages, the full extent and character of which are not yet fully determined but, which include and are not necessarily limited to the following:   a) Dog bite wounds to the upper extremities including but not limited to: posterior right upper back, right shoulder, scapula, right lateral thorax, and right lateral ribs; b) Aggravation of pre-existing injuries and/or diseases; c) Permanent scarring, disfigurement and sequelae; d) Pain, suffering, discomfort, disability and extreme physical and emotional suffering; e) Severe and continuing embarrassment, humiliation, anxiety, tension and mortification; f) Fear of animals; g) Permanent emotional disorder; h) Loss of the natural enjoyments of life; i) Lost wages and/or earning capacity; and j) Expenditures for hospital, physicians, medicinal things and substances past, present and future.   WHEREFORE, Plaintiff, MICHAEL BEARINGER, as Next Friend of GABRIELLA BEARINGER, a Minor, prays that this Honorable Court award him damages against Defendant, AUSTIN JACOB BENNETT, in whatever amount in excess of Twenty-Five Thousand Dollars ($25,000.00) to which he is found to be entitled to receive, together with costs, interest and attorney fees.   COUNT II- COMMON LAW STRICT LIABILITY AGAINST DEFENDANT   12. Plaintiff hereby adopts and incorporates by reference each and every allegation contained in the Common Allegations and Count I of this Complaint as if more specifically set forth herein, paragraph by paragraph, word for word. 13. That Defendant at all times relevant hereto, possessed the dog, which caused injury to minor Plaintiff, had scienter of the dog’s abnormal dangerous propensities, and harm resulted from the dangerous propensities of their dog, which was known by Defendant. 14. Defendant is strictly liable under a theory of common law strict liability for the injuries suffered by minor Plaintiff listed in Paragraph 11 and all subparts thereof as a result of this dog bite incident as Defendant was the owner and/or keeper of the dog at issue and knew, or had reason to know, of its vicious propensities. WHEREFORE, Plaintiff, MICHAEL BEARINGER, as Next Friend of GABRIELLA BEARINGER, a Minor, prays that this Honorable Court award him damages against Defendant, AUSTIN JACOB BENNETT, in whatever amount in excess of Twenty-Five Thousand Dollars ($25,000.00) to which he is found to be entitled to receive, together with costs, interest and attorney fees.   COUNT III - GENERAL NEGLIGENCE AGAINST DEFENDANT   15. Plaintiff hereby adopts and incorporates by reference each and every allegation contained in the Common Allegations, Count I, and Count II of this Complaint as if more specifically set forth herein, paragraph by paragraph, word for word. 16. Defendant owed a duty of care to minor Plaintiff and those like him to exercise reasonable care and precautions in the supervision, training and securing of Defendant’s dog so as to prevent foreseeable harm to those like minor Plaintiff but notwithstanding said duties Defendant did breach and violate same in manners including, but not necessarily limited to, the following:   a) Negligently, carelessly and recklessly failing to take reasonable precautions to secure the aforementioned dog from attacking and/or biting minor Plaintiff; b) Negligently, carelessly and recklessly failing to adequately restrain, leash, muzzle, cage or otherwise secure such dog when Defendant knew or had reason to know the dog’s prior vicious propensities and the likelihood of its biting and/or attacking minor Plaintiff; c) Negligently, carelessly and recklessly allowing the aforementioned dogs to attack a member of the public by failing to adequately restrain such dog; d) Negligently, carelessly and recklessly failing to train, tend and supervise such dog; e) In otherwise negligently failing to exercise that degree of care, diligence, caution and reasonable precautions as would be demonstrated by a reasonably prudent person under the same or similar circumstances so as to prevent any risk of foreseeable harm to minor Plaintiff and those like her; and f) In other manners of negligence currently unknown but which will be ascertained through the course of discovery.   WHEREFORE, Plaintiff, MICHAEL BEARINGER, as Next Friend of GABRIELLA BEARINGER, a Minor, prays that this Honorable Court award him damages against Defendant, AUSTIN JACOB BENNETT, in whatever amount in excess of Twenty-Five Thousand Dollars ($25,000.00) to which he is found to be entitled to receive, together with costs, interest and attorney fees.   Respectfully submitted, THE SAM BERNSTEIN LAW FIRM /s/ Claire D. Vergara By: Claire D. Vergara (P77654) Attorneys for Plaintiff 31440 Northwestern Highway Ste. 333 Farmington Hills, MI 48334-2519 (248) 858-8071 / Fax: (248) 737-4392 cvergara@sambernstein. com   Dated: April 25, 2025 ----   STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF HILLSDALE   Case No: 25-245-NO   MICHAEL BEARINGER, as Next Friend of, GABRIELLA BEARINGER, a Minor, Plaintiff, vs    AUSTIN JACOB BENNETT, Defendant. _________________________/   CLAIRE D. VERGARA (P77654) THE SAM BERNSTEIN LAW FIRM Attorneys for Plaintiff 31440 Northwestern Highway, Ste. 333 Farmington Hills, MI 48334-2519 (248) 858-8071 / Fax: (248) 737-4392 cvergara@sambernstein. com dankney@sambernstein.com; (Dani-asst.)   JURY DEMAND   NOW COMES Plaintiff, MICHAEL BEARINGER, as Next Friend, of GABRIELLA BEARINGER, a Minor, by and through his attorneys, THE SAM BERNSTEIN LAW FIRM, by CLAIRE D. VERGARA, and hereby respectfully demands a trial by jury in the above-entitled cause of action.   Respectfully submitted, THE SAM BERNSTEIN LAW FIRM By: /s/ Claire D. Vergara Claire D. Vergara (P77654) Attorneys for Plaintiff 31440 Northwestern Highway Ste. 333 Farmington Hills, MI 48334-2519 (248) 858-8071 / Fax: (248) 737-4392 cvergara@sambernstein. com   Dated: April 25, 2025 ----    STATE OF MICHIGAN JUDICIAL DISTRICT 1st JUDICIAL CIRCUIT COUNTY PROBATE Court address: 29 N. Howell, Hillsdale, Ml 49242 Court telephone no. 517-437-4321   ORDER FOR SERVICE BY PUBLICATION/POSTING AND NOTICE OF ACTION    CASE NO. 25-245-NO   Plaintiff name(s) MICHAEL BEARINGER, as Next Friend of. GABRIELLA BEARINGER, A Minor   Plainliff's attomey. bar no., address, and telephone no. CLAIRE D. VERGARA (P77654) THE SAM BERNSTEIN LAW FIRM 31440 Northwestern Hwy., Ste. 333 Farmington Hills, Ml 48334 (248) 858-8071 v   Defendant name(s), address(es), and telephone no(s) AUSTIN JACOB BENNETT 7695 Church Road Hillsdale, MI 49242 517-607-6820   TO Austin Jacob Bennett   IT IS ORDERED:   1. You are being sued in this court by the plaintiff to pay damages as a result of a dog bite incident thal took place on May 18, 2024. You must file your answer or take other action permitted by law in this court at the court address above on or before 28 DAYS FROM THE LAST DATE OF PUBLICATION. If you fail to do so, a default judgment may be entered against you for the relief demanded in the complaint filed in this case. 2. A copy of this order shall be published once each week in Hillsdale Daily News for three consecutive weeks, and proof of publication shall be filed with this court. 3. A copy of this order shall be posted in the courthouse for three continuous weeks. 4. A copy of this order shall be sent to AUSTIN JACOB BENNETT at the last-known address by registered mail, return receipt requested, before the date of the last publication, and the affidavit of mailing shall be filed with this court.   Date: AUG 05, 2025   Judge Sara J. Shinavier.  By: County Clerk ----    STATE OF MICHIGAN JUDICIAL DISTRICT 1st JUDICIAL CIRCUIT HILLSDALE COUNTY Court address 29 N. Howell, Hillsdale, Ml 49242 Court telephone no. 517-437-4321    SUMMONS   CASE NO. 25-245-NO   Plaintiff name(s) MICHAEL BEARINGER, as Next Friend of, GABRIELLA BEARINGER, A Minor   Plainliff's attomey. bar no., address, and telephone no. CLAIRE D. VERGARA (P77654) THE SAM BERNSTEIN LAW FIRM 31440 Northwestern Hwy., Ste. 333 Farmington Hills, Ml 48334 (248) 858-8071 v   Defendant name(s), address(es), and telephone no(s) AUSTIN JACOB BENNETT 7695 Church Road Hillsdale, MI 49242 517-607-6820   CIVIL CASE   A civil action between these parties or other parties arising out of lhe transaction or occurrence alleged in the complaint has been previously flled in this court, where it was given case number 25-245-NO and assigned to Judge Sara J. Shinavier. The action remains pending.   SUMMONS   NOTICE TO THE DEFENDANT: ln the name of the people of the State of Michigan you are notified: 1. You are being sued. 2. YOU HAVE 21 DAYS after receiving this summons and a copy of the complaint to file a written answer with the court and serve a copy on the other party or take other lawful action with the court (28 days if you were served by mail or you were served outside of Michigan). 3. lf you do not answer or take other action within the time allowed, judgment may be entered against you for the relief demanded in the complaint. 4. lf you require accommodations to use the court because of a disabilily or if you require a foreign language interpreter to help you fully participate in court proceedings, please contact the court immediately to make arrangements.   Issue Date: AUG 05, 2025 Expiration Date: NOV 05, 2025 By: Court Clerk     1570880 (09-09)(09-23) Invoice Date: 09/23/2025