Tyese Newton v. William Athan (2010)

MEMORANDUM OF DECISION

This two-count complaint alleging a violation of General Statutes Section 22-357, the dog bite statute, and negligence, seeks money damages for personal injuries and losses sustained by the plaintiff on April 30, 2008 when she was allegedly bitten by a dog owned and kept by the defendant at 86 Read Street in New Haven, Connecticut.   The court heard the matter as a hearing in damages on October 13, 2010.   The defendant William Athan has been defaulted for failure to appear.   He is not in the military service.

At the time she was bitten by the defendant's dog the plaintiff was not teasing, tormenting or abusing the dog.   The plaintiff is 19 years old.

As a result of being bitten by the defendant's dog the plaintiff sustained soft tissue abrasions, contusions and lacerations of both legs, abdomen, right chest and scalp, musculoligamentous sprains of the cervical spine, contusions with strains and sprains of the right hand and thumb, contusions of the left knee, and post-traumatic headaches with labyrinthine dysfunction.   She has sustained permanent unsightly scarring on her left leg and her right calf.   She has incurred ambulance, hospital, medical and prescription bills totaling $6,532.13.

The court finds that the plaintiff's economic damages are $6,532.13 and that fair and reasonable non-economic damages are $30,000.00.   There are no collateral source payments.

Judgment may enter on both counts in favor of the plaintiff as against the defendant in the amount of $36,532.13 plus taxable costs.

William L. Hadden, Jr.

Judge Trial Referee

Hadden, William L., J.T.R.