ANN ARBOR, MI — The man who survived a home invasion that killed his long-time partner has filed a lawsuit against her daughter for possession of the couple’s dog.
Ed Berger, 82, sued Elana James Tuesday, April 15, in the Washtenaw County Circuit Court. The lawsuit alleges James stole Isabelle, the golden retriever Berger owned with his partner Susan Hammerton.
An intruder stabbed Hammerton, 81, Sept. 13 when the he broke into her and Berger’s Pittsfield Township home, police previously said. The man also stabbed Berger and Isabelle, police said, but Berger and Isabelle survived. Hammerton died during emergency surgery.
Berger alleges James, also referred to in the lawsuit with the last name Fremerman, fraudulently changed Isabelle’s veterinary records and microchip information before taking her to Austin, Texas, without his permission.
James’ lawyer, Celeste Dunn, did not immediately return a request for comment on the lawsuit.
Read more: Love of music, quick wit defined woman killed in Washtenaw County home invasion
James, who was the executor of her mother’s will, had returned to Ann Arbor on Jan. 3 and asked to visit with Isabelle, the lawsuit reads. Berger had previously allowed James to visit with the dog, sometimes keeping Isabelle with her overnight.
Berger had dropped off Isabelle to stay with James on Jan. 6, with plans to meet for dinner the following day and an agreement to pick up Isabelle on Jan. 9, according to the lawsuit. On Jan. 7, James’ sister informed Berger that James had left for Texas with Isabelle.
Berger alleges James used his “precarious emotional state” against him, according to the lawsuit.
Read more: Dog stabbed in fatal home invasion the center of dispute between survivor, family
“Defendant Fremerman used this time to time to manipulate and groom Ed, gaining his trust and preying on his vulnerability while planning her abduction and theft of Isabelle,” the lawsuit reads.
Dunn, representing James, previously said the dog lawfully belongs to her client.
“All of Ms. Hammerton’s assets were within her trust, which necessarily included her ownership of dog Isabelle,” Dunn said in an email to MLive. “Ms. Hammerton designated her beneficiaries. Mr. Berger was not a beneficiary of dog Isabelle.”
Hammerton’s will does not mention the dog at all, according to county records.
Isabelle is still with James, according to the lawsuit. Berger also filed a request for the court to issue a temporary order for James to return Isabelle.
Berger was joined in the suit by Erica Patriquin, the owner of Cider Ash Golden Retrievers. Patriquin alleges she has the right of first refusal for her dogs if their owners are no longer capable of caring for them.
The Washtenaw County Prosecutor’s Office previously declined to bring charges against James, according to the Pittsfield Township police, although recently said it would take another look at the case. No charges have been filed against James as of Friday, April 18, according to court records.
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