A toy dog has been sued for allegedly choking to death a man who died of a seizure while wearing it in his backyard in Arizona.
A federal judge ruled Wednesday that a lawsuit filed by the victim’s family against the owner of the dog, which was given to him in a trade, will go forward.
The court found that the owner is liable for the man’s death because the dog “intentionally and knowingly” failed to prevent him from suffocating when he was sleeping on a sofa in the backyard.
The case is the first time a toy is being considered as a cause of death in a case involving a death in the United States.
In the suit, the man, Michael K. Boggs, is accused of killing his girlfriend, Amber Cisneros, and choking her to death on her bed in April 2017.
Baddie is named in the lawsuit.
In its ruling, the court cited Bogg’s “negligence, recklessness and negligence” as reasons to seek damages.
In court documents, Bogg claims that Baddies dog had been given to the man in a “trade,” and the two had been “living together” when Baddys wife left for work the day of the incident.
Boggs claims the dog was given away by its owner, who said he needed to go to work and Baddis was “waking up” to find Bogg had left and not returned.
The lawsuit was filed in January 2018, according to court records.