Laila Palevich ppa Danielle Smith v. Shelly A. Raffone et al. (2014)

MEMORANDUM OF DECISION

The two-count complaint in this case has been filed by the plaintiff Danielle Smith on behalf of her minor daughter Laila Palevich against the defendants Shelly A. Raffone and Maria D. Dolceaqua seeking damages for injuries received when Laila was allegedly bitten by a dog owned by Raffone and being kept by Dolceaqua.   The complaint alleges a violation of Connecticut General Statutes Section 22–357, the Dog Bite Statute, in the first count and negligence in the second count.   The biting allegedly occurred on May 26, 2011 at property known as 473 Strong Street in East Haven, Connecticut, allegedly owned by Dolceaqua.

The defendants have each filed appearances and pleadings denying any liability for any injuries suffered by Laila.   The case was assigned for a court trial on March 4, 2014 but neither defendant appeared for trial.   The court therefore entered a default for failure to appear for trial against both defendants, and conducted a hearing in damages.

Laila was eight years old at the time she was bitten by the defendant's dog and she was not teasing, tormenting or abusing the dog.   As a result of being bitten Laila suffered lacerations and bite wounds of her left forearm, and she incurred expenses for hospital and medical treatment which total $770.00.   She has also been caused to suffer overall physical and mental discomfort, pain and suffering, a fear of dogs, and been left with permanent scars on her forearm.

The court finds that the plaintiff's economic damages are $770.00 and that fair and reasonable economic damages are $10,000.00.

A judgment may enter on both counts in favor of the plaintiff as against the defendant in the amount of $10,770.00 plus taxable costs.

William L. Hadden, Jr.

Judge Trial Referee

Hadden, William L., J.