Premises Liability
Confidential PRESENT VALUE RECOVERY PLUS WAIVER OF COMPENSATION LIEN
Defendant homeowner’s dog nips at plaintiff as he is delivering shelving at request of pharmacy employer who is defendant’s son – Plaintiff jumps five to eight feet from deck to escape dog – Fracture dislocation to right ankle – Post-traumatic stress disorder.
Monmouth County
The 23-year-old plaintiff delivery person for a pharmacy contended that when his employer directed him to go to the home of the defendant (the employer’s father) to deliver shelving, he was advised to bring the shelves to the back deck. The plaintiff maintained that the defendant’s mixed breed dog suddenly ran at him, began nipping at his feet and that he jumped five to eight feet off the deck to escape the dog. The plaintiff contended that he suffered a fracture/dislocation to the ankle and that the dog continued nipping at him, prompting him to crawl away. The dog ceased when the plaintiff reached the property line. The plaintiff contended that the defendant should be strictly liable under the dog bite statute and that the injury occurring when he was jumping to escape the dog was directly caused by the dog’s conduct.
The defendant denied that the strict liability statute should be applied because of the absence of any breaking of the skin. The plaintiff, who contended that the statute should nonetheless apply, also argued that irrespective of the issue of the strict liability statute, the dog had previously bitten an individual, resulting in litigation, and the defendant was aware of the dog’s viscous propensities and should have better restrained the animal. The plaintiff contended that he required an open reduction of the talus and the use of an external fixation device. The plaintiff maintained that he will permanently suffer significant pain and restriction. The plaintiff also maintained that he had no prior psychiatric history, and that the incident caused a severe posttraumatic stress disorder and major depression. The plaintiff’s psychiatrist offered a guarded prognosis.
The case settled prior to trial for a structure with a present value of Confidential. The plaintiff will receive $1,000 a month for life, guaranteed for 53 years, including $100,000 up front, yielding an ultimate recovery of $636,000. The compensation lien was waived.
Reference
Eschenbrenner vs. Professional Pharmacy. Docket no. n/a; 3-01.
Frank Gaudio of Miller & Gaudio in Red Bank.
