A Torrington Superior Court jury has awarded $192,360 in damages to a plastic surgeon who was knocked to the ground and suffered head injuries after two dogs got into a fight on a Kent street in 2016.

Jurors found not only the animal's owner liable, but also held responsible a co-defendant: a man who was temporarily caring for the dog at the center of the dispute.

In a personal injury case that hinged on ownership and liability, the court examined the meaning of "keeper" when it came to control of a pet. The result was bad news for a neighbor, who was caring for a dog while the animal's owner was on vacation.

Plaintiff Michael Valdes claimed he was walking his dog when a golden doodle named Leo attacked him and his dog. He sued Leo's owner, Martin Lindenmayer, and temporary watcher Edward Raftery in January 2019.

The defendants dispute any attack on Valdes, arguing the plaintiff was holding his dog's leash, and got knocked over when the two animals began to fight.

Lindenmayer, who had traveled to Boston for the weekend, had asked Raftery to walk Leo during that time, something Raftery had done in the past. Raftery denied liability, and filed a motion to set aside the verdict.

In weighing the pet-sitter's motion, Superior Court Judge John Pickard examined the meaning of "keeper," as laid out in Connecticut General Statute 22-357.

Raftery's attorney, Avon-based solo practitioner Edward Gasser, argued the state statute makes it clear that Lindenmayer is both the owner and keeper of Leo, a finding that would shield the neighbor from liability.

"My client did not have enough control over the dog to be considered a keeper," Gasser said. "A keeper has to be doing the same types of things with the dog an owner would do, like feeding, housing and taking care of the dog, and not just walking the dog or holding its leash."

Both sides disagreed, and Valdes and Lindenmayer's attorneys objected to Gasser's motion to set aside the verdict.

Lindenmayer's attorney, Michael Young of Bridgeport-based Ryan Ryan Deluca, Tuesday said jurors got it right.

"There was evidence that Mr. Raftery was in possession and in control of the dog at the time," he said.

"The jury was charged that a 'keeper,' pursuant to Connecticut General Statute 22-357 is 'any person, other than the owner, harboring or having in his possession any dog,'" Young wrote in his Nov. 18 objection. "After listening to all the evidence, the jury determined that Raftery was the keeper of Leo at the time of the incident. Raftery had cared for Leo dozens of times, and was afforded a level of discretion over the care of Leo when in his possession."

Plaintiff attorney Kathleen Nastri or Bridgeport-based Koskoff Koskoff & Bieder had asked the jury for $1.6 million, including $600,000 for lost wages, according to Gasser. Nastri did not respond to a request for comment Tuesday.

While Valdes missed only a few days from work as a plastic surgeon, the plaintiff's argument was that the doctor lost income because he wasn't able to perform complicated surgeries, as he had done before the incident that led to the litigation.

A hearing is set for Dec. 23.

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