Personal Injury Trial Report - Dog Bite Injury

NATURE OF CASE:

Negligence; Dog Bite Injury

INJURIES ALLEGED:

Fractured thumb.

NAME OF CASE:

Withheld.

NAME OF MEDIATOR

Christopher P. Kauders.

AMOUNT OF SETTLEMENT

$100,000.00.

LAWYER FOR PLAINTIFF:

Eric J. Parker, PARKER | SCHEER, Boston, Massachusetts

LAWYER FOR DEFENDANT:

Withheld.

OTHER USEFUL INFORMATION:

On March 26, 1995, the plaintiff, a 48 year-old woman, in the company of her 12 year old son, was walking her unleashed Labrador Retriever along a residential street near her home in Gloucester, Massachusetts. As the plaintiffs proceeded down the street they observed a second couple, walking their unleashed “Pit Bull” dog, in their direction. As the parties approached one another, the two dogs began circling each other. Fearing that the Pit Bull would attack the Labrador, the plaintiff reached between the two dogs in an attempt to protect her dog, which had recently undergone abdominal surgery. At that point, the Pit Bull locked his jaw around the plaintiffs left (non-dominant) hand, with tremendous force. In an effort to extract her hand from the dog’s mouth, the plaintiff lifted her hand into the air only to find the defendant’s dog still attached. After she had successfully separated herself from the defendant’s dog, the plaintiff removed her winter glove to find her thumb badly lacerated. She was transported to the hospital where she was diagnosed with a displaced fracture of her left thumb injury. At the time of the dog bite incident, the plaintiff was employed as an administrative secretary for the government, and remained unable to perform her occupational duties for several months. The defense lawyer contended that the plaintiff experienced an excellent recovery from her injury, with limited impact on her earning capacity, and that strict liability, as provided by G.L. c. 140 §155, would not be available if the plaintiff’s conduct toward the Pit Bull were deemed “teasing, tormenting or abuse”. Total Medical bills were approximately $10,000.00.

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