HOUSTON – Dog owners are suing a Galleria-area doggy daycare for negligence after one of their dogs died of a heat stroke during a heat wave during the summer.
According to the lawsuit filed in Harris County, Dogtopia, located on Westheimer Road, is being sued for violating the Texas Deceptive Trade Practices Act and for negligence.
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Owners James Baylis and Christy Whitten, who are plaintiffs in the lawsuit, brought three dogs, Remy, Jasper, and Coco, to Dogtopia in the Galleria area for boarding on June 19.
“They’re not just pets. These are family members,” Baylis told only KPRC 2.
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Remy had recently been to the doctor for a checkup “and everything was great. He was fine. He was in perfect health,” Whitten said.
She had always wanted a French bulldog. They described Remy as a loving, cuddly, sometimes attitude-filled dog.
“He was the perfect addition to our family,” she said.
An hour after dropping the dogs off to take their son to a college orientation, Baylis and Whitten said Dogtopia called to let them know the Dogtopia general manager had taken Remy to the hospital in distress after he had been playing with other dogs outside for an estimated 15 minutes.
According to the KPRC 2 Storm Tracker Team, an excessive heat warning was in effect that day and Bush Airport reached 100 degrees for the first time in 2023.
“What made it okay to leave the dogs outside and where were the people who were supposed to be watching?” Baylis said.
According to Remy’s medical records, he was “unable to regulate the body temperature.” The vet diagnosed him with “heat stroke followed by sepsis,” the records noted he was “blind” and considered to be in “critical” condition.
By that night, Remy had “no heartbeat” and according to the lawsuit, Remy “no longer had brain functions and control his bodily functions.”
“It was almost like willful negligence in a way,” Baylis said. “They were negligent in the care, but then they also willfully deceived us.”
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The suit claims Dogtopia employees gave Whitten and Baylis false information about Remy’s condition, indicating that he was getting better.
It wasn’t until they called the vet directly and learned the prognosis.
“We wouldn’t have been able to see him or hold him or say goodbye or anything before he truly was gone,” Whitten said.
The other dogs got picked up that evening from Dogtopia.
Now in Remy’s memory, his owners don’t want other dog lovers dealing with sudden, tragic death.
“It’s about accountability,” Baylis said.
“It’s a tremendous loss for our family, for any family,” Whitten said.
KPRC 2 received the following statement from Dogtopia:
“We were heartbroken to learn about Remy’s passing in June. We have just been informed of reports regarding a lawsuit against Dogtopia of Houston-Galleria. As of now, this is the first we have heard about this filing. We are taking this legal action seriously and are gathering more information to better understand the situation. Over the past six years, our focus has been on building trust and becoming a cherished member of the local dog community. Our priority remains focused on the health and safety of all dogs in our care.”
When asked if the Galleria Dogtopia location has made any changes, the owner wrote that he didn’t want to comment further as to not jeopardize his ability to clear their name in the case.
The American Kennel Club has several tips on what to know before boarding your dog. You can find them here.
KPRC 2′s Bryce Newberry is speaking with the devastated dog owners only on KPRC 2 tonight at 10.