Disputed Liability – Small Verdict in Eastern PA
In Sladek v. Canale, the verdict was only $10,000 for a Plaintiff attacked by a neighbor’s dog. The Plaintiff was a 30 year old accountant; she suffered a dog bite on June 21, 2019. Specifically, a pit bull’s jaws sank into her right hand and wrist. Andrew Canale owned the dog and lived next door.
Plaintiff filed suit in Delaware County, which tends to be plaintiff-friendly in terms of verdicts. The plaintiff alleged that the Defendant was strictly liable for the attack. Judge John J. Whelan presided over the case, which went before a jury. There, Plaintiff presented her case:
She suffered a laceration to her right, which was her dominant hand. She also underwent a tendon “tenosynovectomy” — a procedure to remove the inflamed, thickened lining tissue (tenosynovium) from around the tendons. Plus, even after recovering from surgery, she alleged ongoing pain, disfigurement, diminished grip strength and other limitations. Moreover, the plaintiff sought an award for severe emotional and psychological trauma. Plaintiff called her surgeon as an expert witness.
The Defense
The dog owner challenged liability, claiming that Pennsylvania does not follow a strict liability standard like most states. Rather, in PA, the Plaintiff must prove negligence. Plus, the award, if any, can be reduced for the degree of the Plaintiff’s comparative negligence.
The Verdict
On August 23, 2023, the jury reached a verdict.
The jury only awarded the Plaintiff $10,000 for pain and suffering. Further, the jury found the Plaintiff 40% comparatively responsible for the attack. As such, the judge molded the verdict to award the Plaintiff only $6,000. The plaintiff’s motion for a new trial, which the court denied.
Contact Our Lawyers
Contact us today for a free consultation!