The parents of a two-year-old boy who tragically lost his life following a dog attack in Alabama have initiated a wrongful-death lawsuit against the dog’s owners, Melissa and Jeffrey Phillips. The incident occurred in March while the toddler was at the Phillips’ residence. Melissa Phillips has since surrendered herself to the Madison County Sheriff’s Office and is facing charges of death by a dangerous dog, a charge her husband is also confronting.
The lawsuit, filed on July 19 and obtained by Law&Crime, accuses the Phillips of wrongful death. The document states that the toddler, identified as Mark Allen Partain, was “attacked and bitten by the defendant’s dog,” which was described as “vicious and dangerous.” The incident took place in New Hope, Alabama, and the Partains allege that the Phillips allowed their dog to roam freely.
The toddler’s parents, Jason and Kayla Partain, argue that the Phillips failed to adequately confine their dog, and their actions were reckless and negligent. Local law enforcement responded to a call about a child being bitten at a residence on Christian Road in New Hope. Upon arrival, they found the child had already succumbed to his injuries. A coroner later confirmed the cause of death as fatal bite wounds.
While the lawsuit does not specify the breed of the dog, local CBS affiliate WHNT reported in March that the dog was a husky. The Madison County Sheriff’s Office investigators revealed that two dogs from the neighbor’s home were taken into custody by animal control due to their potential involvement in the fatal attack. A third dog, believed to be involved in the attack, was found nearby. All three dogs were subsequently euthanized. Notably, one of the three dogs had been involved in a separate biting incident two months prior to Partain’s death.
Attempts to reach Melissa and Jeffrey Phillips for comments were unsuccessful. In Alabama, Emily’s Law, enacted in 2018, holds dog owners accountable for dogs deemed dangerous.