South Florida Jury Sides With Student Bitten by Dog While Observing Veterinarians

A jury awarded $146,000 to a veterinary student whose face was bitten by a dog at a dog show.

On July 15, 2016, plaintiff Belinda Koechle, a veterinary student in her early 20s, attended a dog show that was being conducted at 1130 Oriental Blvd., in the city of Opa-locka. Koechle had been invited to observe two veterinarians, Cesar Morales and Olga Moreira Rose, who were examining and testing dogs. Koechle was bitten by a large Rottweiler while Morales and Rose were attempting to X-ray the animal. Koechle suffered injuries of her face.

Koechle sued Morales, Rose and the dog’s owner, Robin Martin. The lawsuit alleged that Morales and Rose negligently failed to properly control the dog. The lawsuit further alleged that Morales, Rose and Martin were strictly liable for the dog’s actions.

Koechle’s counsel contended that, since Martin did not attend the dog show, Morales and Rose were the dog’s constructive owners. In a pretrial ruling, each defendant was deemed strictly liable for the dog’s actions. The issue of comparative negligence was reserved for trial.

Koechle claimed that she had been invited to observe the X-raying of the dog, and she further claimed that her actions were entirely in accordance with the instructions of Morales and Rose. She claimed that she had been instructed to stand alongside the dog and to operate a switch on the X-ray machine.

The defense claimed that Koechle was not operating a switch or heeding the doctors’ instructions at the time of the accident. The defense further claimed that Koechle had not been provided any direction other than to maintain a safe distance, but that she instead positioned her face near the dog’s face. The defense also claimed that the dog had been sedated for the X-ray procedure but awakened because Koechle was petting its head.

Injuries/Damages facial laceration; numbness; scar and/or disfigurement, face Koechle suffered a large laceration of one cheek, near her mouth, and a smaller laceration of the opposite cheek. She was transported to a hospital, where her wounds were stitched.

Koechle claimed that she suffers residual numbness that occasionally causes drooling when she consumes liquids. She also retains scars. She claimed that the scars are embarrassing, particularly in social settings, such as on dates. Koechle’s expert surgeon opined that surgery can diminish the scars’ appearance.

Koechle sought recovery of $25,000 for future medical expenses, and she sought recovery of damages for past and future pain and suffering.

The defense contended that Koechle’s wounds healed inadequately because she avoided necessary follow-up examinations and disregarded a doctor’s instructions, particularly with regard to engaging in air travel before the wounds had healed. The defense also contended that Koechle’s scars are minor imperfections that should not greatly affect her enjoyment of life, that the larger scar is barely visible, and that Koechle did not present evidence of residual numbness or dysfunction.

The jury found that Koechle was negligent with regard to the accident. She was allocated 20 percent of the liability.

The jury determined that Koechle’s damages totaled $182,500, but the comparative-negligence reduction produced a net recovery of $146,000. Plaintiff’s counsel has moved for recovery of costs and fees. Judge David Miller denied defense counsel’s motion for a new trial. Defense counsel has expressed intent to file an appeal.

Verdict: $182,500

Actual: $146,000

Case: Belinda Koechle v. Cesar Morales and Olga Moreira Rose, No. 2017-022049-CA-01

Court: Miami-Dade County Circuit Court, 11th

Judge: David Miller

Plaintiff Attorney: Jeffrey Hirsh; Goldberg and Hirsh P.A.; Miami, FL

Defense Attorneys: Atilla Babacan; Attorney at Law Atilla Babacan, P.A.; Fort Lauderdale, FL (Olga Moreira Rose) Stephanie Cawein; Sebastian, FL (Robin Martin) Angelena Conant; Angelena M. Root, P.A.; Fort Lauderdale, FL (Cesar Morales)

Belinda Koechle award breakdown:

$25,000 future medical cost

$157,500 past and future pain and suffering

$182,500 Plaintiff’s Total Award

Demand $50,000 (total, from all defendants)

Offer: None

Plaintiff Experts: Thomas J. Zaydon Jr., M.D., plastic surgery/reconstructive surgery, Miami, FL (did not testify; videotaped deposition presented)

Defense Experts: None reported