Samuel Miller Sr. and Roxanne Miller say in court papers that they were at the annual Kinnelon garage sale on Sept. 24, 2022 when a pitbull named Leo violently attacked their son, who was secured in a stroller, according to papers filed in Morris County Superior Court (see lawsuit attached).
Roxanne Miller, of Sparta physically fought with and restrained the dog in order to stop the attack, and became covered in her son's blood, the suit says.
"As a result of the attack, Samuel Miller, Jr. suffered significant and permanent injuries including but not limited to scarring which is permanent and will continue to be obvious throughout his lifetime," the suit reads.
The baby's dad rushed him to Morristown Medical Center for "painful and excruciating treatment," the suit says.
Meanwhile, Roxanne Miller and her mom, who witnessed the attack, suffered emotional distress, according to court papers. The toddler suffered "significant, permanent injuries, scaring, disfiguration, mental anguish, pain and suffering," the lawsuit says.
The Millers are seeking compensatory and punitive damages. The suit names the Borough of Kinnelon, the Borough's fire department and company, and the dog's owners.
Neither Kinnelon's mayor, Jim Freda, declined comment to Daily Voice. The borough's fire department did not immediately returned Daily Voice's request for comment placed Sunday, Sept. 24.
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