Callaghan v. Allen

$425,000 Verdict

Date of Verdict: March 10.

Court and Case No.: C.P. Chester No. 2019-11620.

Type of Action: Recreation, animal control.

Injuries: Brain injury.

Plaintiffs Counsel: Anthony J. Baratta, Baratta, Russell & Baratta, Phildelphia.

Plaintiffs Expert: Brian T. Kucer, physical medicine, Philadelphia.

Defense Counsel: Daniel M. Brown, William J. Ferren & Associates, Blue Bell.

Comment:

On March 24, 2019, plaintiff Eileen Callaghan, 59, a product designer, was bicycling on St. Matthews Road, in West Vincent Township. A boxer dog crashed into her bike, knocking her to the ground. Callaghan suffered brain and shoulder injuries.

Callaghan sued the dog's owners, Samuel R. Allen III and Karen Allen. Callaghan alleged that they were negligent in the possession of their dog. Callaghan's counsel maintained that the dog was unleashed and unchained when it charged down the Allens' driveway and into the road, where it crashed into Callaghan's bike.

According to Callaghan's counsel, the Allens had an electric fence in place that was in working order, and the dog was wearing its collar with the batteries working. The dog had simply ignored the shock when it went through the electric fence, Callaghan's counsel asserted. The defense maintained that the Allens were not negligent. According to the Allens, they relied on the electric fence to control the dog. A test that they conducted indicated that the fence was working properly. Also, the dog was wearing the collar with working batteries.

Callaghan was temporarily knocked unconscious. She was taken by ambulance to a hospital and was admitted. She was diagnosed with a nondisplaced right clavicle fracture, of her dominant arm; a subdural hematoma; and a subarachnoid hemorrhage. Callaghan was hospitalized for four days, until March 28, 2019, during which time she was monitored. Her arm was stabilized in a sling.

After her hospitalization, Callaghan was transferred to a rehabilitation facility and was treated on an inpatient basis through April 13. During that time, she treated with speech therapy, having suffered speech impairment, and with physical and occupational therapy. Following her discharge, Callaghan received some outpatient therapy. By May of the same year she was able to return to work.

Callaghan alleged that she resumed her competitive long-distance bike riding soon after returning to work. She felt no residual symptoms and was able to make a 100% recovery by July 2019. She sought to recover $115,000 in medical bills and $14,000 in lost wages, plus damages for past and future pain and suffering.

The defense maintained that Callaghan was able to make a full recovery from her injuries.

The parties negotiated a pretrial settlement. The Allens' insurer agreed to pay $425,000 from a policy that provided $600,000 of coverage.

This report is based on information that was provided by plaintiffs counsel. Defense counsel did not respond to the reporter's phone calls.

—This report first appeared in VerdictSearch, an ALM publication