July 03, 2024
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Kane judge to decide future of lawsuit over shooting death of Wayne dog, Ludwig

Court filing seeks go-ahead for 2nd amended complaint

By Brenda Schory

Joe Petit with his surviving dog, Philo, at his Wayne home. Philo's brother and littermate, Ludwig was killed by a bullet, allegedly shot by Petit’s neighbor, Hal Phipps, husband of Wayne Village President Eileen Phipps. (Sandy Bressner - sbressner@shawmedia.com)

WAYNE – A lawsuit filed by Joe Petit, the owner of Ludwig, the dog that was shot and killed by his neighbor in 2021, was continued to a hearing on whether his attorney can file a second amended complaint.

Petit is suing Hal Phipps, husband of Wayne Village President Eileen Phipps, for more than $450,000 in damages, plus attorney’s fees, in the death of Ludwig, a Dogo Argentino.

Petit and Phipps are neighbors on Pearson Drive in Wayne, where both of their backyards face the Fox River.

The 10-page lawsuit, filed July 14, alleges that Phipps hunted his dog with an all-terrain vehicle and shot the Dogo Argentino through the animal’s side Aug. 10, 2021.

Thomas Scherschel, Phipps’ attorney, filed court papers in September 2023 asking a judge to dismiss all five counts in Petit’s lawsuit, alleging they were not written properly.

Scott Sheen, Petit’s attorney, filed an amended complaint in October 2023, followed by Phipps’ attorney asking that two of the five counts be dismissed, according to court records.

Kane County Judge Elizabeth Flood is expected to decide whether Sheen will be allowed to file a second amended complaint, records show.

Scherschel said he would not comment on the case.

Sheen did not return a message seeking comment.

Ludwig was one of two Dogo Argentinos owned by Petit. The other is Philotimo, from the same litter. The breed is large, weighing 80 to 100 pounds, according to the American Kennel Club.

Phipps had accused both dogs of attacking and biting him, according to a June 29, 2021, police report.

The Kane County Sheriff’s Office handled the Ludwig shooting because the spouse of a village official was involved.

Stephanie Porteous of Campton Hills holds up a sign during the Justice for Ludwig protest outside the Little Home Church by the Wayside in Wayne on Saturday, Jan. 7, 2023. Inside the church a town hall meeting took place to discuss an architectural review of the village hall and police department.

In this Shaw Local file photo, Stephanie Porteous of Campton Hills holds up a sign during the Justice for Ludwig protest outside the Little Home Church by the Wayside in Wayne on Saturday, Jan. 7, 2023. (Dominic Di Palermo for Shaw Local)

Kane County State’s Attorney Jamie Mosser determined Phipps was in his rights to defend himself in shooting the dog and did not file criminal charges.

Last year, Mosser sent a news release saying she would take a new presentation of the case to a new grand jury, but she later decided against it.

Petit’s lawsuit disputed that Phipps was under attack by his dogs, asserting that both dogs were playing in the Fox River and that Phipps rode an all terrain vehicle to the water’s edge and shot the dog “execution style” in a double lung shot through the dog’s side.

Ludwig became famous in death, spawning a “Justice for Ludwig” movement in which supporters posted signs on their lawns not only in Wayne, but in St. Charles, Elgin, South Elgin, DeKalb, Algonquin and Streamwood.

People not only put the signs on their lawns, they took photos of the signs with their own pets to post on social media.

Later that year, Petit received the gift of a Dogo Argentino puppy from a breeder in New York who had read about the shooting.

The female dog, whom Petit named Justice, was born Aug. 9, 2021, the day before Ludwig was killed.

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