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Case of the Month

West's® Jury Verdicts - Louisiana Reports

Plaintiff 50% at Fault for Bite by Injured Dog
Smegal v. Gettys

Type of Case:
Animals - Dog
Animals - Bite/Attack

Specific Liability:
Injured dog bit a neighbor of its owner who had approached in an attempt to calm the dog

General Injury:
Dog bite to left ankle; medical expenses; lost wages

Jurisdiction:
State: Louisiana
Court: Civil District Court of Louisiana, Parish of St. Tammany.

Related Court Documents:
Plaintiff's petition: 2007 WL 6942850
Defendant Gettys' answer: 2007 WL 6942849
Pretrial order: 2009 WL 6387258
Judgment and reasons for judgment: 2009 WL 3774053

Case Name:
Steven Smegal v. Chandra Gettys, Allstate Insurance Company and Louisiana Citizens Property Insurance Corporation

Docket/File Number:
2007-15457

Judgment:
Plaintiff, $39,775.94

Judgment Date:
Sept. 14, 2009

Judge:
William J. Crain

Attorneys:
Plaintiff: Stephen D. London, Stephen D. London Attorney at Law, New Orleans, La.

Defendants (Gettys and Louisiana Citizens): Christopher M. G'sell, Bienvenu, Foster, Ryan & O'Bannon, New Orleans, La.

Experts:
Plaintiff: Paul M. Doty, MD, orthopedic surgeon, Covington, La.; George F. Chimento, MD, orthopedic surgeon, New Orleans, La.
Defendant: Erick Blaudeau, MD, psychiatrist, New Orleans, La.
Unspecified: Roy Cardoso, MD, orthopedic surgeon, Assistant Professor of Clinical Orthopaedics, University of Miami Leonard M. Miller School of Medicine, Miami, Fl.

Trial Type:
Bench

Breakdown of Award:
$15,671.37 to plaintiff from defendants Gettys and Louisiana Citizens for medical expenses per stipulation of the parties
$4,104.57 to plaintiff from defendants Gettys and Louisiana Citizens for lost wages per stipulation of the parties
$20,000.00 to plaintiff from defendants Gettys and Louisiana Citizens for general damages

Summary of Facts:
Steven Smegal was at his residence on Pine Oaks Drive in Madisonville, La., Oct. 18, 2006, when a golden retriever owned by his neighbor across the street, Chandra Gettys, was struck by a school bus and suffered significant injuries, including a fractured pelvis. The dog had left Gettys' unfenced yard and had not responded to Gettys' attempts to gain its attention by using its electric training collar.

The dog reportedly began to crawl toward Smegal, dragging its hindquarters, as he stood in his driveway. Smegal said he spoke to the dog in a calm voice and approached to try to prevent it from further injuring itself. The dog quickly advanced toward him, Smegal said, and he turned to run. The dog bit Smegal's left leg in the area of the Achilles tendon, and Smegal did not free himself of the bite until he had dragged the dog for some distance.

Smegal said he then attempted to run from the dog but fell after approximately three steps when the tendon gave out. Gettys reportedly called 911, and Smegal said the responding emergency medical technicians became concerned when his blood pressure dropped and told him he was going into shock. Smegal said he returned to alertness after he was given oxygen and learned Gettys' son had also been bitten by the dog and was being treated.

Smegal suffered puncture wounds, abrasions and lacerations around his left ankle and was treated at a hospital's emergency room. Two days later, he returned to the hospital with a swollen, tender ankle and was admitted with an initial diagnosis of cellulitis. Smegal was given IV antibiotic medication and was discharged after his ankle improved.

Smegal filed a lawsuit against Gettys and Allstate Insurance Company in the Twenty-second Judicial District Court for the Parish of St. Tammany in October 2007. Smegal claimed the dog bite was caused by Gettys' alleged negligence in failing to control the dog, keeping a dangerous and potentially vicious animal, failing to keep the dog enclosed or leashed, and allowing the dog to run at large. Smegal said he did not provoke the dog or trespass on Gettys' property.

Smegal claimed Allstate was Gettys' property/homeowner's liability insurer.

Smegal sought compensation for his injuries, pain and suffering, mental anguish, medical expenses, disability, the loss of wages and earning capacity, and the loss of the enjoyment of life.

Gettys denied liability in her answer. She asserted the sole cause or a contributing cause of the incident was the fault and negligence of Smegal or third parties. She also claimed Smegal failed to mitigate his damages.

In a later court filing, Gettys said her son, who allegedly had been bitten by the dog when caring for it before Smegal approached, told Smegal to stay back. Smegal eventually stood approximately one foot from the dog's head, Gettys asserted, and was bitten when the dog turned its head. The case proceeded to a bench trial with Gettys and Louisiana Citizens Property Insurance Corporation as the defendants. Judge William J. Crain concluded Smegal and Gettys were each 50 percent at fault, finding Smegal could have avoided injury by staying away from the dog and Gettys did not adequately restrain the dog.

Judge Crain awarded $19,775.94 for special damages, noting the parties had stipulated to medical expenses of $15,671.37 and lost wages of $4,104.57, and $20,000 for general damages, including pain and suffering, scarring, and disfigurement. He signed the judgment Sept. 14, 2009.

Court: District Court of Louisiana, Twenty-second Judicial District, Parish of St. Tammany.

Westlaw Citation:
2009 WL 6409640

West's Jury Verdicts - Louisiana Reports Citation:
West’s J.V. La. Rep., Vol. 5, Iss. 11, p. 20 (2010)