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The case arose after Mark Golembiewski, an officer with the Detroit Police Department, took Ben, a K-9 police dog assigned to him, to an annual vet visit.
In the exam room, Ben was restrained with a muzzle and leash. Nicholas Lynum, a veterinary technician, conducted Ben's checkup. Ben was too large to be placed on the examination table, so Golembiewski held him on the floor.
During the exam, Lynum attempted to draw blood from Ben's leg but was unsuccessful. He released the dog's leg and stood up. At this moment, Ben turned around, slipped his muzzle, and lunged at Lynum, biting his arm and causing it to bleed.
Following the incident, Lynum sued Detroit PD, the city of Detroit, and Golembiewski. He argued they were liable under Michigan's dog-bite statute and that their actions amounted to gross negligence. Lynum also argued Golembiewski was not working during the incident, thus not protected by governmental immunity.
The panel of judges rejected Lynum’s claims and the argument that Golembiewski’s actions were grossly negligent, noting the evidence showed Golembiewski took multiple safety measures and precautions to ensure plaintiff’s safety during Ben’s examination.
