Ismael Esquilin v. Raoul Hebert et al. (2010)

MEMORANDUM OF DECISION

Following a bench trial held on December 01, 2010, the court finds as follows:

On February 7, 2008 the plaintiff, Ismael Esquilin, was walking from his home at 58 Sequin St, Hartford, CT to a bus stop nearby.   In the course of that walk he traveled on the sidewalk in front of, and adjacent to the property known as 186 Chandler St, Hartford Connecticut.   The property was, at that time, occupied by the defendant Raoul Hebert and Joyce Hebert.   The defendants were the owners of two dogs, one of which was a German shepherd/akita mix named “Caesar.”

As the plaintiff was walking by the defendant's property which is surrounded by a wire mesh fence, the dogs, which were outside, noticed him and began barking and following him from inside the fence.

At the point where the fence goes across the driveway on wheels or rollers, there was a gap approximately one foot wide through which “Caesar” came out and bit the defendant on his pants at the bottom of his left leg, causing him to fall.   As a result of that fall, the defendant suffered injuries.   He went home and returned to the place where the incident had taken place with one of his children in order to retrieve his eyeglasses.   Upon his return he did not see the dogs outside and the fence had been closed.   He did not speak to anyone at the residence of the defendants.

Later the same day, the plaintiff went to the Hartford Hospital emergency room where he reported to hospital personnel that he had been “tackled by neighbors dog.”   He reported left wrist pain and was ultimately diagnosed with a left wrist fracture.   He received some treatment there, and was discharged with his left wrist in a cast.   He was referred to Dr. Kevin Burton, of Orthopedic Associates of Hartford.   Dr. Burton diagnosed the injury as a left distal radius fracture.   Ultimately, the plaintiff underwent surgery for what was described as a “repair of a left intraarticular distal radius fracture with 3 articular fragments.”   The “repair” included the installation of a distal radius plate and related hardware.   He was referred to physical therapy, but unable to follow through because of transportation and other difficulties.

The plaintiff reported the incident to a canine control officer from the City of Hartford the next day.   His statement to the officer was consistent with his report to the emergency room personnel and consistent with his testimony before the court.   The officer went to the defendant's home, but did not obtain any information which would confirm or deny the plaintiff's version of events.

The defendants confirm ownership and control of the dog.   They deny any knowledge of the incident and do not believe the incident took place.

The issues as to the First Count of the complaint, which alleges Common-Law negligence are found in favor of the defendants.

The Second Count of the complaint is a cause of action under Section 22-357 of the Connecticut General Statutes, sometimes referred to as the “Dog Bite Statute.”   In relevant part, that statute provides that “[i]f any dog does any damage to either the body or property of any person, the owner or keeper ․ shall be liable for any such damage ․” The court finds that the allegations made by the plaintiff under this count have been proven by a preponderance of the evidence.   The court further finds that the defendants have not met their burden under the issues raised in their special defense, and therefore those issues are found in favor of the plaintiff.

By way of damages, the court finds that the following economic damages have been caused by the defendants, and have been incurred by the plaintiff as a result of injuries arising from this incident:

Hartford Hospital $1,769.17

Jefferson Radiology $64.00

Hartford Hospital (surgery) $7,863.11

Hartford Anesthesiology Assoc. $1,933.22

Dr. Kevin Burton $8,193.00

Total economic damages are awarded in the sum of $19,822.50, subject to such set off and/or collateral source deduction as may properly be applied.   Noneconomic damages are awarded in the amount of $25,000.

Robaina, J.

Robaina, Antonio C., J.