How Plaintiffs Counsel Doubled Settlement Offer for Client After Dog Attack
The client had minimal scarring and only $2,087 in medical bills.
April 23, 2020 at 11:32 AM
3 minute read
Faced with defense counsel offering just $20,000 for her client injured in a dog attack, plaintiffs counsel Hailey Rice knew her best weapon in upping the settlement was her own client.
"The defense deposed my client for two hours, and she give her firsthand testimony of what happened, really adding color to the nature of her claim," said Rice of Glastonbury-based Connecticut Trial Firm. "Her words on what happened had a really big effect. She was credible, and she told of running in her own neighborhood when the dog came out of nowhere and attacked her."
Rice ended up with a $50,000 settlement for her client, 38-year-old South Windsor nurse Katherine Miller. The case settled April 3.
Rice said seeking more than $50,000 in the case would have been difficult because "the scarring was relatively minimal, and her medical bills were low, just $2,087." Rice said her initial demand was for $125,000.
In addition to Miller's physical scarring, Rice said her client had emotional scarring too.
"My client is an avid runner, and this attack had a lasting effect in her confidence in running," Rice said. "She worries now every time she goes for a run."
According to Rice and the June 2019 lawsuit, Miller was running in her neighborhood in September 2018 when a Rottweiler named Rocky got out from his owner's home.
"The dog was kept in the basement … and got loose, and ran out from the backyard," Rice said.
The dog, Rice said, ran behind Miller and bit her on the right arm and side.
"My client kicked the dog away," and the attack stopped, Rice said.
Miller, Rice said, suffered four puncture wounds on her arm and side.
Miller did not miss time from work, and the money has since been disbursed, Rice said.
Following the attack, the dog's owner, Angel Pinos, was told Rocky would have to be quarantined for two weeks. After the quarantine, Rice said, the dog had an animal restraint order placed on it for the remainder of his life. That means, Rice said, that the dog can only be walked with a leash and a muzzle, and the owner had to construct a large chain link kennel in the yard.
Assisting Rice on the case was colleague Matt Eagen.
Representing Pinos was Lewis Lerman, a partner at the Westport offices of Halloran & Sage. Lerman declined to comment for this report.
In court pleadings, the defense said it had insufficient knowledge on the attack and left the plaintiff to prove her case.
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