ATTORNEYS ~AT ~LAW
Dog Bite Verdict #1 – Firm clients, husband and wife, were homeowners and owners of a dog that had previously bitten 2 people in the face. They put their house on the market, and provided a warning to all real estate agents: "Do not approach Max the dog, he is old and owner prefers he is left alone, he will either be on deck or on long leash in bkyd." Plaintiff, her husband, and their real estate agent, went to see the house. Plaintiff went out on the back deck to look around; when she turned to re-enter the house, the dog was on the deck. Plaintiff walked toward the house, bent down to pet the dog, and was bitten in the face. Plaintiff alleged the homeowners maintained a dangerous dog on their premises; she also alleged that her real estate agent failed to warn her of the dog. Plaintiff asked the jury to award her $316,375.00 for her facial scar, past and future medical expenses, past lost wages, post-traumatic stress syndrome, and loss of enjoyment of life, as well as punitive damages. After the three-day trial – defended by firm partner Keith A. Cutler – the homeowners were found 90% at fault, and the real estate agent 10% at fault, but the firm was successful in keeping the damages down – the jury returned its verdict for $6,500.00, and no punitives. All in all, a great result!
Dog Bite Verdict #2 - The firm successfully defended its second dog bite case in three
months by obtaining a defense verdict in a recent case. Our client resided on 5 acres in a rural area, and owned a Border Collie. Plaintiff resided on 5 acres adjacent to Client's property. Plaintiff’s children were playing outside on a trampoline, when Plaintiff heard them screaming. She went outside and saw three dogs barking at her 9-year-old daughter who was trapped on the trampoline. One of the three dogs was our Client's Border Collie. When Plaintiff tried to help her daughter get down off the trampoline and away from the dogs, the Border Collie bit Plaintiff on the ball of her right foot. Plaintiff alleged the dog had previously chased, cornered, and acted aggressively toward Plaintiff and her family on several occasions, and that the dog had dangerous propensities to injure people. Plaintiff sustained 2 small puncture wounds to her foot; however, she also claimed aggravation of her pre-existing condition of Reflex Sympathetic Dystrophy, a debilitating nerve disease. The jury did not award Plaintiff the $450,000.00 she sought in damages; instead, the jury for 0% fault on the part of our Client, 0% fault on the part of Plaintiff, and awarded $0 in damages. Congratulations to firm partner Keith A. Cutler on a well-tried case.
Successful Verdict. The firm recently obtained a successful verdict in the defense of a 17-year-old client who ran a red light at 40 m.p.h. and broad-sided a van driven by a 65-year-old woman. The woman suffered 6 fractured ribs, traumatic pancreatitis, intercostal neuritis, aggravation of neck and back injuries, and other internal injuries. In her civil lawsuit, the woman asked the jury to award her $316,258.50 for past and future medical expenses, and pain & suffering. In a little over an hour, the jury returned their verdict in favor of Plaintiff, but awarded her $34,878.50. The jury also found her to be 10% at fault for causing the accident, resulting in a net recovery of $31,390.65. Two weeks before trial, Plaintiff declined to accept an offer to settle for $45,000.00. Congratulations to firm partner Keith A. Cutler on an excellent result.
