Notice - Woods - 4/29/26

Complaint and Jury Demand
STATE OF MICHIGAN, IN THE CIRCUIT COURT FOR THE COUNTY OF BAY. Case No. 26-3053-NO. Hon. Jessie S. Wood P# 47004. Ryan Woods, Plaintiff, vs Terry White, Defendant. CLAIRE D. VERGARA (P77654), THE SAM BERNSTEIN LAW FIRM, Attorneys for Plaintiff; 31440 Northwestern Highway, Ste. 333 Farmington Hills, MI 48334-2519, 248-858-8071, Fax: 248-737-4392 cvergara@sambernstein.com, bhermiz@sambernstein.com; (Brinel-sec). There was a previously filed civil action between Plaintiff and Defendant, arising out of the same transaction or occurrence as alleged in this Complaint. That mailer is no longer pending in the Bay County Circuit Court under Case Number 25-0000003435-NO and was assigned to the Honorable Jessie S. Wood. Signed By: Claire D. Vergara P77654. COMPLAINT AND JURY DEMAND. NOW COMES Plaintiff, RYAN WOODS, by and through his attorneys THE SAM BERNSTEIN LAW FIRM, by CLAIRE D. VERGARA, and for his cause of action against Defendant, TERRY WHITE, respectfully shows unto this Honorable Court as follows:
1. That Plaintiff, RYAN WOODS (hereinafter “Plaintiff”), is a resident of the City of Bay City, County of Bay, State of Michigan.
2. That upon information and belief, Defendant, TERRY WHITE, is a resident of the City of Essexville, County of Bay, State of Michigan.
3. All of the acts and occurrences relevant hereto arose in the City of Bay City, County of Bay, State of Michigan.
4. The amount in controversy in this litigation exceeds the sum of Twenty-Five Thousand ($25,000) Dollars exclusive of costs, interest and attorney fees.
COUNT I- STATUTORY LIABILITY AGAINST DEFENDANT,
TERRY WHITE, UNDER MCL 287.351
5. Plaintiff hereby adopts and incorporates by reference each and every allegation contained in the Common Allegations of this Complaint as if more specifically set forth herein, paragraph by paragraph, word for word.
6. On or about the 3P1 day of January 2024, your Plaintiff was lawfully on his property, when Defendant’s dog came up the stairs and attacked Plaintiff, Defendant’s dog then viciously and violently bit, mauled, attacked, scratched and otherwise injured Plaintiff at Plaintiff’s home and/or property, located at 200 S. Sherman St., Bay City, Michigan 48708.
7. That the subject dog was owned, controlled, and/or possessed by Defendant.
8. The aforementioned biting and/or attack took place in the City of Bay City, County of Bay, State of Michigan, without provocation on the part of your Plaintiff.
9. Defendant is strictly liable for the damages sustained by the Plaintiff by virtue of the terms of MCL 287.351 a statute of the State of Michigan in full force and effect.
10. As a direct and proximate result of having been bitten, mauled, and/or attacked by the aforementioned dog owned, controlled, and/or possessed by Defendant, your Plaintiff suffered and will continue to suffer serious, grievous, severe and permanent injuries, disabilities and damages, the full extent and character of which are not yet fully determined but, which include and are not necessarily limited to the following:
a) Dog bite wounds to the upper and lower extremities including but not limited to the hands, forearms, and left lower leg;
b) Left leg cellulitis and sequalae;
c) Aggravation of pre-existing injuries and/or diseases;
d) Permanent scarring, disfigurement and sequelae;
e) Pain, suffering, discomfort, disability and extreme physical and emotional suffering;
f) Severe and continuing embarrassment, humiliation, anxiety, tension and mortification;
g) Fear of animals;
h) Permanent emotional disorder;
i) Loss of the natural enjoyments of life;
j) Lost wages and/or earning capacity; and
k) Expenditures for hospital, physicians, medicinal things and substances past, present and future.
WHEREFORE, your Plaintiff, RYAN WOODS, prays that this Honorable Court award him damages against Defendant, TERRY WHITE, in whatever amount in excess of Twenty-Five Thousand ($25,000.00) Dollars to which he is found to be entitled to receive, together with costs, interest and attorney fees.
COUNT II - COMMON LAW STRICT LIABILITY AGAINST DEFENDANT
11. Plaintiff hereby adopts and incorporates by reference each and every allegation contained in the Common Allegations and Count I of this Complaint as if more specifically set forth herein, paragraph by paragraph, word for word.
12. That Defendant at all times relevant hereto, possessed the dog which caused injury to Plaintiff, had scienter of the dog’s abnormal dangerous propensities, and harm resulted from the dangerous propensities of their dog, which was known by Defendant.
13. Defendant is strictly liable under a theory of common law strict liability for the injuries suffered by Plaintiff listed in Paragraph 10 and all subparts thereof as a result of this dog bite incident as Defendant was the owner and/or keeper of the dog at issue and knew, or had reason to know, of its vicious propensities.
WHEREFORE, your Plaintiff, RYAN WOODS, prays that this Honorable Court award him damages against Defendant, TERRY WHITE, in whatever amount in excess of Twenty-Five Thousand ($25,000.00) Dollars to which he is found to be entitled to receive, together with costs, interest and attorney fees.
COUNT III- GENERAL NEGLIGENCE AGAINST DEFENDANT
14. Plaintiff hereby adopts and incorporates by reference each and every allegation contained in the Common Allegations, Count I, and Count II of this Complaint as if more specifically set forth herein, paragraph by paragraph, word for word.
15. Defendant owed a duty of care to your Plaintiff and those like him to exercise reasonable care and precautions in the supervision, training and securing of Defendant’s dog so as to prevent foreseeable harm to those like your Plaintiff but notwithstanding said duties Defendant did breach and violate same in manners including, but not necessarily limited to, the following:
a) Negligently, carelessly and recklessly failing to take reasonable precautions to secure the aforementioned dog from attacking and/or biting your Plaintiff;
b) Negligently, carelessly and recklessly failing to adequately restrain, leash, muzzle, cage or otherwise secure such dog when Defendant knew or had reason to know the dog’s prior vicious propensities and the likelihood of its biting and/or attacking your Plaintiff;
c) Negligently, carelessly and recklessly allowing the aforementioned dog to attack a member of the public by failing to adequately restrain such dog;
d) Negligently, carelessly and recklessly failing to train, tend and supervise such dog;
e) In otherwise negligently failing to exercise that degree of care, diligence, caution and reasonable precautions as would be demonstrated by a reasonably prudent person under the same or similar circumstances so as to prevent any risk of foreseeable harm to your Plaintiff and those like him; and
f) In other manners of negligence currently unknown but which will be ascertained through the course of discovery.
WHEREFORE, your Plaintiff, RYAN WOODS, prays that this Honorable Court award him damages against Defendant, TERRY WHITE, in whatever amount in excess of Twenty-Five Thousand ($25,000.00) Dollars to which he is found to be entitled to receive, together with costs, interest and attorney fees. Respectfully submitted, THE SAM BERNSTEIN LAW FIRM; Signed by: Claire D. Vergara (P77654) Attorneys for Plaintiff; 31440 Northwestern Highway Ste. 333 Farmington Hills, MI 48334-2519, 248-858-8071, Fax: 248-737-4392, cvergara@sambernstein.com. Dated January 27, 2026.
STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF BAY. Case No.: 26-3053-NO. Hon. Jessie S. Wood P# 47004. RYAN WOODS, Plaintiff, vs TERRY WHITE, Defendant. CLAIRE D. VERGARA (P77654) THE SAM BERNSTEIN LAW FIRM Attorneys for Plaintiff, 31440 Northwestern Highway, Ste. 333 Farmington Hills, MI 48334-2519, 248-858-8071, Fax: 248-737-4392, cvergara@sambernstein.com, bhermiz@sambernstein.com; (Brinel-sec). JURY DEMAND. NOW COMES the Plaintiff, RYAN WOODS., by and through his attorneys, THE SAM BERNSTEIN LAW FIRM, by CLAIRE D. VERGARA, and hereby respectfully demands a trial by jury in the above-entitled cause of action. Respectfully submitted, THE SAM BERNSTEIN LAW FIRM; Signed by: Claire D. Vergara (P77654) Attorneys for Plaintiff; 31440 Northwestern Highway Ste. 333 Farmington Hills, MI 48334-2519, 248-858-8071, Fax: 248-737-4392, cvergara@sambernstein.com. Dated January 27, 2026.
Order
STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF BAY. Case No: 26-3053-NO. Hon. Jessie Wood. RYAN WOODS, Plaintiff, vs TERRY WHITE, Defendant. Claire D. Vergara (P77654) Attorneys for Plaintiff; 31440 Northwestern Highway Ste. 333 Farmington Hills, MI 48334-2519, 248-858-8071, Fax: 248-737-4392, cvergara@sambernstein.com. Dated January 27, 2026. ORDER GRANTING PLAINTIFF’S MOTION FOR ALTERNATE SERVICE AND EXTENSION OF SUMMONS. At a session of said Court, held in the Courthouse, City of Bay City, County of Bay, and State of Michigan, on April 14th, 2026. Present: Honorable Jessie S. Wood P# 47004, Circuit Court Judge. This matter having come before the Court on Plaintiffs Motion for Alternate Service and Extension of Summons, and the Court being otherwise fully advised in the premises; IT IS HEREBY ORDERED that Plaintiffs Motion for Alternate Service and Extension of Summons is GRANTED for the reasons stated on the record. IT IS FURTHER ORDERED that the Summons in this matter is extended for a period of ninety-one (91) days from the date of this Order. IT IS FURTHER ORDERED that Plaintiff is permitted to effectuate service upon Defendant by the following alternate methods, which shall be deemed reasonably calculated to give Defendant actual notice of these proceedings:
1. Tacking a copy of the Summons and Complaint at Defendant’s last known addresses: 854 N. Pine Road, Apt. 245, Essexville, MI 48732 and 1817 Stanton Street, Bay City, MI 48708;
2. Sending a copy of the Summons and Complaint via first-class mail to Defendant’s last known addresses: 854 N. Pine Road, Apt. 245, Essexville, MI 48732 and 1817 Stanton Street, Bay City, MI 48708;
3. Sending a copy of the Summons and Complaint via USPS priority mail with tracking service to Defendant’s last known addresses: 854 N. Pine Road, Apt. 245, Essexville, MI 48732 and 1817 Stanton Street, Bay City, MI 48708;
4. Sending a copy of the Summons and Complaint to Defendant via direct message through Facebook;
5. Service by publication in the Pinconning Journal for three (3) consecutive weeks;
6. Tacking a copy of the Summons and Complaint at the Bay County Courthouse located at 1230 Washington Avenue, Bay City, Michigan 48708.
IT IS FURTHER ORDERED that service shall be deemed complete upon Defendant upon completion of the above methods. IT IS SO ORDERED. Signed By: Circuit Court Judge, Jessie S. Wood, P# 47004.
Summons
State of Michigan Judicial District 18th Judicial Circuit, Bay County. Summons. Case No. 2026-3053-NO. Honorable Jessie S. Wood. Court Address: 1230 Washington Ave., Ste. 715, Bay City, MI 48708, 989-895-4206. Ryan Woods (Plaintiff) v. Terry White (Defendant), 854 N Pine Rd Apt #245, Essexville, MI 48732 or Terry White 910 Wilson Street, Bay City, MI 48708. Plaintiff’s Attorney: CLAIRE D. VERGARA (P77654), THE SAM BERNSTEIN LAW FIRM; 31440 Northwestern Hwy., Ste. 333, Farmington Hills, Ml 48334, 248-858-8071. Civil Case: There is no other pending or resolved civil action arising out of the same transaction or occurrence as alleged in the complaint. SUMMONS. NOTICE TO THE DEFENDANT: In the name of the people of the Stale of Michigan you are notified:
1. You are being sued.
2. YOU HAVE 21 DAYS after receiving this summons and a copy of the complaint to file a written answer with the court and serve a copy on the other party or take other lawful action with the court (28 days if you were served by mail or you were served outside of Michigan).
3. If you do not answer or take other action within the time allowed, judgment may be entered against you for the relief
demanded in the complaint.
4. If you require accommodations to use the court because of a disability or if you require a foreign language interpreter to help you fully participate in court proceedings, please contact the court immediately to make arrangements. Issue Date: April 14th, 2026. Expiration Date: July 30th, 2026. Signed By County Clerk: Kathleen B. Zanotti. * This summons is invalid unless served on or before its expiration date. This document must be sealed by the seal of the court. Proof of Service, Case No. 2026-3053-NO. TO PROCESS SERVER: You must serve the summons and complaint and file proof of service with the court clerk before the expiration date on the summons. If you are unable to complete service, you must return this original and all copies to the court clerk. 17-3
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