SAN FRANCISCO (Legal Newsline) - Litigation has commenced against the innovators of a "Dogpiss Tube" that kept them from having to leave their building to walk their dogs at night.
Spouses Matthew Woloszyn and Herman Badenhorst also erected a "Dogshit Structure" that wasn't welcomed by neighbors, a lawsuit filed Nov. 15 in San Francisco Superior Court says. Plaintiff Lymphoma Support Group says it was forced to sue after the two refused to finalize a settlement agreement and is now seeking punitive damages.
"Plaintiff's efforts to informally negotiate and settle the subject dispute have been completely fruitless and rejected by Defendants," the suit says. "As such, Plaintiff is left with no choice but to turn to the judicial system for justice."
Badenhorst says the dogs need to relieve themselves at night, and health issues and safety concerns with the neighborhood necessitated their ingenuity.
They bought a commercially available Porch Potty but had difficulties with the drainage system. They "put in place a regular routine of using manufacturer-recommended enzymes and other cleaners to avoid unpleasant odors," he said.
Lymphoma Support Group was formed after a tenant of property on Hermann Street in San Francisco was diagnosed with Stage 4 Lymphoma in May. The group provides assistance and care to him, his spouse and child.
He lives in a three-unit building, with Woloszyn and Badenhorst and two French bulldogs living on the third floor. The building has a common area stairway, through which the two ran a hose from their porch potty to send dog urine and waste into the basement, the suit says.
The urine and waste dumped into an open drain in the basement, as a plumber had designed and installed, drawing complaints from the tenants of the building. Woloszyn and Badenhorst ultimately removed it but built a large platform in the stairway with even more hoses, the suit says.
These hoses dumped waste onto neighboring premises, the suit says. The plaintiff calls it the "Dogshit Structure."
"The Dogshit Structure obstructed ingress and egress on the stairway," the suit says. "Defendants also installed a 'doggy gate' across the stairway, next to the Dogshit Structure, further obstructing use of the stairway.
"The noxious and offensive smell of dog feces and urine carried powerfully through the air and into neighboring units..."
A formal complaint with San Francisco followed in July. An official dismissed the complaint after a visit, and Lymphoma Support Group filed suit July 18.
A proposed settlement in that case had the defendants removing the Dogshit Structure and the dog gate and paying $5,000. Their lawyer initially accepted but then the defendants failed to honor the terms, the suit says.
The defendants are now noticing depositions in that case. The new lawsuit seeks an order forcing them to comply with the proposed settlement.