MUNCIE - A Muncie woman bitten by a Ball State University police dog last spring has filed a tort claim against the university, the first step in suing a government entity.
Thia Cole, 37, filed the tort claim for unspecified monetary damages on Aug. 29, three months after the university's K-9 officer, Boyka, a Belgian Malimois, bit her in the hip.
At the time, the dog was under the supervision of Ball State officer Craig Hodson, who was assisting Muncie police on the night of May 28 in response to a domestic incident at Cole's home.
Copies of the notice have been sent to Hodson, Ball State Police Chief Gene Burton, Ball State President Jo Ann Gora and the Indiana Political Subdivision Risk Management Commission, according to Cole's attorney, Bruce Munson.
Burton declined to comment on behalf of the university, pending further litigation.
Munson said Ball State has 90 days to deny the claim, which the university has yet to do. If Ball State does not respond, he can file a lawsuit on behalf of his client.
In the tort notice, Cole claims that several hours after Boyka bit her, Officer Hodson attempted to give her $20.
"I felt like he was trying to bribe me to be quiet about what happened," Cole told The Star Press. "It's something I don't believe he should be able to get away with. It's not right."
In the presence of her son, Cole claims she told the officer she did not want the money, but that Hodson forced the bill into her hand.
"He was persistent about it, saying something like, 'In case my kids and I needed something,'" she said. "That was why we should have taken the money."
Days after being bitten, Cole said, infection set in around the wound. She paid a visit to Ball Memorial Hospital, where she received a tetanus shot and antibiotics but was told by doctors the wound did not require stitches.
Cole said infection from the bite was worsened by a pre-existing arthritic condition, one that weakens her immune system. Months later, she said she continues to experience pain in the area where the bite occurred and must apply a salve daily to her hip.
Cole said she likely would not have filed the tort claim against Ball State had the officer apologized to her for what happened.
"If he was concerned enough that night to give me $20, why couldn't he have called me a few days later to ask how I was doing?" she said.
Based upon evidence Cole collected from the incident and her testimony, Munson said he believes her claim is legitimate.
Contact news reporter Gail Koch at 213-5827.
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