Ronald Keller filed the lawsuit Tuesday in Allen County Common Pleas Court seeking more than $25,000 in damages. The lawsuit names Officer Frank Vaccaro as the only defendant.
The lawsuit said Vaccaro responded to the 800 block of South Elizabeth Street to assist in the capture of two pit bull/Staffordshire terriers on June 19, 2012. The dog warden was on scene already and was unable to capture the dogs.
Vaccaro pulled his rifle and fired on the dogs knowing pedestrians were in the immediate area, the lawsuit said.
Keller was walking nearby and was struck in the right hand by one of the bullets Vaccaro fired, the lawsuit said.
The lawsuit accuses Vaccaro of acting with conscious disregard to a known or obvious risk to Keller that was unreasonable under the circumstances. It further said Vaccaro failed to exercise proper care when firing the weapon.
Keller suffered permanent injuries, pain, emotional injuries and had $32,766 in medical expenses with additional expenses expected. He also had lost wages and a loss of earning capacity, the lawsuit said.
Lima Law Director Tony Geiger defended Vaccaro.
“The lawsuit contends the officer acted in a reckless manner. The City disagrees with that. The officer was confronted with a vicious pit bull and shot the dog to protect the public,” Geiger said.
