Milton A. Weber v. James J. Schultz (2010)

DECISION

This is an action seeking money damages for personal injuries sustained by the plaintiff as a result of being attacked and bitten by the defendant's dog on February 23, 2009.

On August 11, 2010, the defendant was defaulted, and on September 21, 2010, the parties appeared for a hearing in damages before this court.   The court has considered the testimony of all witnesses and all documents, including photographs of the injuries and medical reports and bills.

I find the expenses submitted were incurred, and they were caused by the injuries sustained in the February 2009 incident.   The medical expenses total $18,576.83.

The plaintiff was bitten on the left hand-his dominant hand.   He sustained injury to the thumb and index finger, requiring emergency care and numerous sutures.   Because an infection developed in the wound, the plaintiff was hospitalized as an inpatient.   He had two surgeries in attempts to repair a contracture of the left index finger, but to no avail.   He also underwent a course of physical therapy.   He has a partial permanent disability rating of 11% of the left hand.   The plaintiff did have swelling, pain and numbness, but at the time of the hearing his complaints were of some numbness and frustration because of difficulty in performing such tasks as buttoning shirts, turning pages of reading materials and cutting food.

The plaintiff is 75 years old.   He walks with a cane.   He has back problems and arthritis.   His life expectancy is 10 years.

Judgment may enter in favor of the plaintiff against the defendant in the amount of $18,576.83, Economic Damages, and $27,000.00, Non-Economic Damages, for a total judgment of $45,576.83, plus costs.

THE PARTIES ARE TO CONTACT CASEFLOW TO SCHEDULE A COLLATERAL SOURCE HEARING.

BY THE COURT

Tanzer, Judge

Tanzer, Lois, S.J.