Robert Esposito v. Karen Stettinger (2009)

MEMORANDUM OF DECISION

This case came on for trial before the Court on October 29, 2009.   The evidence disclosed that on the evening of September 12, 2003 the plaintiff was a guest at the defendant's home and, while out in the backyard, was attacked by an Akita dog owned by the defendant, and suffered lacerations and bites in or about the right wrist and hand.

As a result of said attack the plaintiff was hospitalized on intravenous antibiotics from 9-13-2003 to 9-16-2003 at Yale New Haven Hospital.   He sustained swelling and tingling of the fourth and fifth digits which along with the lacerations resulted in permanent scarring.

Liability in this case is premised on Section 22-357 of the Connecticut General Statutes which provides as follows:

Damage to person or property.   If any dog does any damage to either the body or property of any person, the owner or keeper ․ shall be liable for such damages except when such damage has been occasioned to the body or property of a person who, at the time such damage was sustained was teasing, tormenting or abusing such dog.

The defendant filed an answer in this case which contained a “First Special Defense” stating that the plaintiff “seized, tormented or abused the dog.”   However, no such evidence was introduced by defendant during the trial.   The defendant has the burden of proof with respect to any special defense claimed.   Therefore, the defendant presenting no such evidence, the Court finds that no such tormenting or abuse occurred.

The Yale New Haven Health bill is indicative of the pain which the plaintiff experienced as a result of the dog attack as morphine was prescribed for the plaintiff on three occasions while hospitalized as well as Percocet.

The plaintiff was examined by Dr. Paul Fisher on February 26, 2007.   Dr. Fisher found limited right wrist ulnar deviation compared to the left as well as reduced flexion.   According to Dr. Fisher, the plaintiff evidenced permanent scaring over the ulnar styloid and hypothenar eminence.   The above limitations, according to Dr. Fisher, produce a permanent partial disability rating of 4% of the right upper extremity.

Based on the above, judgment may enter in favor of the plaintiff Robert Esposito as against the defendant Karen Stettinger as follows:

Economic Damages-$10,642.56

Non-Economic Damages-$35,000.00

Total Damages-$45,642.56

Skolnick, J.T.R.

Skolnick, David W., J.T.R.