By BRETT LOVELACE
Lancaster city will pay a teenage girl $185,000 to settle a 3-year-old lawsuit filed against the police department after its dog mauled the girl on a school playground.
The city agreed in late December to pay Leonda Washington , 14, after it was revealed police officials knew the dog had bitten an officer's wife a week before attacking the girl but allowed the dog to remain on patrol.
Officer Philip Berkheiser, who was the dog's handler, personally apologized to Leonda and her mother, Ninivar Washington .
In addition, the city police department's policy on transporting dogs has been changed.
The dog's breeder, Randy Kromer of Kromerhaus Kennels in Bethlehem, settled a lawsuit against him for $5,000, also to be paid to Leonda .
"One mistake after another was made, which allowed this to happen," said Scott A.
Bennett , the Philadelphia attorney who represented the Washingtons.
" Leonda and her mother were not interested in a settlement until an apology was made."
City police Chief William Heim didn't return a phone message left Friday afternoon with his secretary.
Bennett filed the lawsuit in January 2003, about five months after Leonda was attacked Aug. 5, 2002, outside Buehrle School, 426 E.
Clay St.
Leonda was bitten 13 times, including five times on the head.
The injuries required stitches and plastic surgery, and Leonda underwent psychiatric treatment.
A witness to the attack, Joseph Nolt, described how Leonda looked after the 18-month-old Belgian malinois named Robbi, which weighed about 70 pounds, released the girl.
"I just remember the girl was sitting up and shaking uncontrollably. Her face, neck, arms and legs were covered in fresh-dripping blood, (and) huge thumb-sized chunks of skin were missing out of her scalp, neck, forehead and thighs," Nolt said during a deposition.
"She was just yelling for her mother the whole time. The whole scene was surreal. I was feeling symptoms of shock, too."
Leonda , a School District of Lancaster student, was taken to Lancaster General Hospital after the attack.
Despite multiple surgeries, she has permanent scarring.
She also suffered chronic post-traumatic stress disorder and acute distress disorder.
Psychotherapist Diane Dawson treated Leonda .
"Since the attack, Leonda has been hypersensitive to loud noises and to the sound of dogs barking," Dawson wrote in a report listed in court documents.
" Leonda has also had sporadic memory loss; for example, she had difficulty remembering the one day following the attack."
Psychiatrist Larry Rotenberg also treated Leonda .
"The (attack) ... will make ( Leonda ) susceptible for at least the next decade if not longer to the whole issue of her identity, her body image and sense of safety and predictability," Rotenberg wrote in a report listed in court documents.
"The incident with the dog has for the longest possible time shattered her sense of certainty and security."
The police department purchased the dog from Kromer for about $5,000.
Berkheiser, a K-9 officer, was paired with Robbi in July 2002 and kept the dog at his home when off duty.
Berkheiser during a deposition said the dog had "snapped his jaws, growled and gave a biting motion when people got too close ... ."
Concerned, Berkheiser told other officers and Kromer about the aggressive behavior, but nothing was done.
Kromer recommended Berkheiser "work through it," according to court documents.
The dog lashed out again six days before mauling Leonda .
Berkheiser's wife was holding the dog's leash while its hair was being brushed when it bit her.
The wound required 12 stitches.
The couple asked the city police department to remove the dog from their property, but again, nothing was done, according to court documents.
On the evening of the attack, Leonda and a friend, Shaina Taylor-Brooks, age 11 at the time, were at the Buerhle playground.
Police were conducting a K-9 demonstration inside the school.
Berkheiser was off duty and stopped at the school to watch it.
He left the dog locked in the back of his pickup truck, which was covered with a cap, and he opened the cap's screened windows before going into the school.
Nolt, a social worker at Buehrle School, said he noticed the "dog panting heavily, walking around the back of the truck in circles and was very agitated," according to court documents.
He saw the dog "claw" out the screen.
As the dog attacked Leonda , Berkheiser emerged from the school and attempted to call off the dog.
When it didn't respond, Berkheiser pulled it off Leonda .
An internal investigation was conducted, and Heim determined Berkheiser should not have left the dog alone in the pickup for more than 10 minutes.
The dog was euthanized after the attack.
The police department now requires dogs be kept in portable kennels during transport.
A vehicle's air conditioning must be kept on while transporting dogs in hot weather.
The lawsuit was headed for trial until both sides opted in October for a mediation hearing in Lancaster before attorney Michael W.
Wagman.
The $190,000 settlement was finalized Dec. 21.
After legal fees and medical bills are paid, Leonda will receive $114,615.
The Washingtons did not immediately return a phone message for comment Friday.
