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Tourist’s Dog Dies After Playing in Sand, Miami Beach Facing Lawsuit

“The stomach was full of blood, which is symptomatic of poisoning.” Oscar Paez-Castro, veterinarian 

 Bella, a Boston terrier, rubbed herself in the sand surrounding this tree. An hour later, she was having convulsions.  

By Mitchell Pellecchia
Staff Writer 

Most who visit Miami Beach leave with unforgettable visions of blue surf, clear skies and good times had by all.

But for one weekend vacationer from Virginia only death, not fond memories followed her home.

Sara Kim flew south to spend a fun-filled weekend on Miami Beach with friends and loved ones and do what people who visit this city for three days normally do – play. Maybe do some nightclubbing, catch some rays, enjoy some eats, and relax on the sand.

Saturday April 17^th began beautifully. Not a cloud in the sky, temperatures in the 70s – an ideal South Florida day anyone here this time of year would think perfect. She came for romance, too, to see her boyfriend, to walk hand in hand under the sun. Life was grand.

Kim didn’t make the trek solo. Family came too. And she brought with her Bella, her Boston terrier and companion of 11 months, to take in the sights and to enjoy the fresh Florida sea air.

About 3 p.m. Saturday afternoon Kim, her boyfriend, and Bella walked along one of the city’s new pride and joys – the Beachwalk, which, although not yet finished, is considered fully functional and is open to the public.

They stopped to rest in front of the Ritz Carlton Hotel where Lincoln Road meets the beach. Sitting on the far wall, by the newly planted palms, Kim threw Bella’s leash over one of the palm’s irrigation poles. They kicked their feet and watched Bella burrow in the sand.

Less than an hour later – Bella was dead.

“She fell over on her side with her legs shaking uncontrollably, almost as if she were running in place. Seconds later Bella was still,” said Kim. “She had a seizure.”

The terrier was a purebred, papers and all, and just months prior to her death Bella had been given a clean bill of health by her hometown vet.

“To lose your dog, like a family member, it’s horrible.” Kim said.

The sudden death of Bella stirred suspicion in Kim, so she decided to bring the deceased dog to veterinarian Oscar Paez-Castro at the Pet House Clinic on Collins Avenue for an autopsy.

Blood tests turned up high levels of phosphorus, calcium and an unusually high blood sugar count of 530 MG/DL (milligrams per deciliter). Normal would be between 60 and 100 MG/DL.

“Bella had no history of diabetes,” said Kim.

Normal phosphorus levels for a dog Bella’s side should fall between 2.9 and 6.6 MG/DL Bella’s was 24.2 MG/DL. Normal calcium levels between 8.6 and 11.8 MG/DL. Bella’s was 12.8 MG/DL.

Paez-Castro told SunPost that the high level of phosphorus in the dog’s blood was most likely the cause of death.

“The stomach was full of blood, which is symptomatic of poisoning,” said Paez-Castro. “The stomach was also full of sand, grass and an identified gelatinous substance. Not typical of what should be in a dog’s stomach.”

Paez-Castro told SunPost that without a toxicology test he could not identify the gelatinous substance, or precisely determine the cause of death, but because of unusual black spots found on Bella’s spleen, and the blood in her stomach he was inclined to diagnose that Bella was poisoned.

“You can just imagine: you go to the beach and you go home and your dog dies, how distressing that must be,” Paez-Castro said.

Sara Kim retained Surfside lawyer Elliot Silver to investigate the matter. “She wants to avenge the dog’s death,” said Silver. “Sara wants closure.”

Silver spoke with assistant general counsel for the Ritz Carlton, Karen Grubber, to find out if the death happened on their property. Grubber along with General Manager Franz Freschke told Silver during a conference call, “It’s not our land and therefore not our responsibility,” according to Silver.

All roads appear to lead to the City of Miami Beach, Silver said.

Phosphorus and calcium are ingredients commonly used in plant fertilizer and pesticides. SunPost contacted the city to find out what they were using on their newly-planted palm trees. Three different sources turned up three different answers.

The contractor for the Beachwalk landscape, R.L. Saum told SunPost that no pesticides are being used on the walk, but that landscaper Tropics North used a fertilizer called Horta-Sorb when planting the trees. Horta-Sorb is relatively organic and non-toxic, however safety warnings call for medical attention if the product is ingested. Horta-Sorb contains no phosphorus or calcium.

Tropics North landscaper Ernest Wright told SunPost that he uses a 13-3-13 fertilizer mix along the base of the palms which contains 3 percent phosphorus, 13 percent nitrogen and 13 percent potassium, but can also contain urea and sulfates – both poisonous if ingested in large amounts. According to Bill Bell from the Florida Department of Agriculture, 13-3-13 very often contains pesticides and weed killer in the mix, depending on the brand.

“I wouldn’t recommend eating it,” said Bell.

But Bell told SunPost that phosphorus poisoning is usually a slow death and can take between three and seven days to kill a mammal.

“It is very common in rat poison, and its use has been determined to be cruel to animals,” said Bell.

Clifton Leonard, the city’s director of risk management, also said no pesticides were used, but that a tablet fertilizer called Agriform was used on the palms. Agriform contains 20 percent nitrogen, 10 percent phosphate and 5 percent potash. Agriform also contains 2.8 percent calcium.

Clifton reportedly told Silver, “The case has no merit. We [the city] aren’t responsible if the dog dug something up.”

“With regard to any claim under Florida law, while the loss was emotional for the family, it is considered property damage and will not have any value other than the actual cost of the puppy,” Leonard said.

Leonard told SunPost the city has inspected the property and found nothing that would indicate a dangerous situation for pets.

“We do not believe that the city or the contractor had anything to do with the puppy’s death.”

Despite the city’s position, Kim will be pursuing the matter legally.

“As we see it, the people who planted the trees and the city have admitted to using Agriform, which contains phosphorus. Couple this with the fact that phosphorus is found in the soil by the tree. It is clear that Bella died from eating a concentrated portion of the sand. It is our position that this area should have been marked,” Silver said.

Test results from Envirodyne Inc., Boca Raton, indicate a phosphorus level of 570 parts to one million in the sand where Bella was playing. Envirodyne Inc. said there is no legal limit to the amount of phosphorus allowed in soil.

“The city was negligent by not putting up any barriers, signs or warnings,” Kim said. “What if it was a child playing around that tree?”