A routine grocery trip allegedly left Fox Business anchor Jackie DeAngelis with a surgically repaired hand, permanent scarring and a legal fight that has now reached Manhattan Supreme Court.

DeAngelis is suing Whole Foods over a September 20, 2023 dog attack inside the chain’s store at 10 Columbus Circle in New York City.

Her complaint says a black pit bull bit her left hand without provocation. By the time police arrived, the dog and its owner had already left the store.

The New York Post, which first reported the lawsuit, shared the case Saturday:

The injuries described in the filing are serious.

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According to Mediaite’s summary of the complaint, DeAngelis underwent surgery but was left with significant scarring, disfigurement and limited mobility. She says the damage has kept her from performing some normal tasks and may continue to limit her in the future.

She is seeking unspecified damages for medical costs, emotional distress and the lasting effects of the injury.

A public court listing confirms that Jacqueline DeAngelis filed a premises-liability case against Whole Foods Market Group on August 20. The allegations have not been tested at trial, and filing a complaint is not a finding that Whole Foods is legally responsible.

That distinction matters. DeAngelis is making a negligence claim; Whole Foods will have the opportunity to answer it.

The case turns on whether the store had enough time and information to act before the bite:

DeAngelis argues that the animal was not a service dog and should not have been allowed inside the grocery store. Her complaint accuses Whole Foods of failing to enforce its animal policy and failing to exercise reasonable care once the dog was on the premises.

That claim lands in a difficult area for store employees.

The Justice Department’s ADA guidance says businesses generally must admit service dogs even when they have a no-pets policy. A service animal does not need a vest, identification card or certificate.

When a dog’s status is not obvious, employees may ask only two questions: whether the dog is required because of a disability, and what work or task it has been trained to perform. They cannot demand documentation or ask about the person’s disability.

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But the law does not require a business to tolerate dangerous behavior.

The same federal guidance says an animal can be removed when it is out of control and the handler does not take effective action, or when it is not housebroken. A particular animal that poses a direct threat to health or safety may also be excluded.

The ADA also makes clear that breed alone is not the test. Service dogs can be any breed or size. The legal question in this case is what Whole Foods knew, what employees could reasonably have done and whether the animal actually qualified for protection.

Online reaction has focused heavily on whether stores are doing enough to keep ordinary pets out of food retailers:

Whole Foods did not respond to Mediaite’s request for comment, while Fox Business declined to comment. The New York Post also reported that DeAngelis did not respond to its inquiry.

Fox Business identifies DeAngelis as a co-host of The Big Money Show, which airs weekdays from noon to 2 p.m. Eastern. She joined the network as a financial correspondent in April 2019.

Before Fox, DeAngelis spent 13 years at CNBC, serving as chief energy correspondent and anchoring the online commodities program Futures Now. Her reporting included the economic effects of Hurricanes Irma and Harvey and the Dakota Access Pipeline protests.

She also worked in the Middle East for CNBC International and interviewed senior business and energy figures. DeAngelis later anchored The Ticker at Yahoo Finance before moving to Fox Business.

Her background is unusually broad for a television financial journalist. She graduated cum laude from Cornell, earned a law degree from Rutgers and speaks Mandarin and Farsi.

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Now the financial journalist is the plaintiff in a case about a very different kind of risk.

If her allegations are proven, the consequences will reach beyond one painful encounter. Grocery stores have to protect legitimate access for disabled customers while keeping other shoppers safe.

Pretending every dog belongs inside is not a policy.

DeAngelis says she will carry the physical damage for the rest of her life. The court will decide whether Whole Foods should carry the legal cost.

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This is a Guest Post from our friends over at WLTReport. View the original article here.

 

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