CHARLESTON, W.Va. — West Virginia’s highest court has reinstated a lawsuit against a dog warden by the widow of a 70-year-old man fatally mauled by pit bulls while taking a walk in 2009.

The Supreme Court says the Monroe County Circuit Court judge wrongly dismissed the lawsuit last year against the county commission and Dog Warden Patricia Green.

The court says there are facts in dispute, sending the case back to the trial court.

Dreama Bowden said she complained earlier to Green about the aggressive dogs and Green promised the county would take care of it.

Green denied receiving the complaint or making assurances.

According to the top court, all five dogs were later euthanized and the neighbor’s son who owned four of them pleaded guilty to nine misdemeanors including involuntary manslaughter.