Plaintiff’s Case Goes to the Dogs.
We obtained a defense verdict in a jury trial in Pennsylvania. The defendant was walking her Labrador Retriever, along with her five-year-old cousin. She entrusted the leash to her cousin, who promptly lost grip on the leash, allowing the dog to escape. The dog ran in the direction of the plaintiff and his Shih Tzu, with the defendant in pursuit. The plaintiff claimed that the Labrador Retriever jumped on his chest, knocking him to the ground and causing compression fractures in his lumbar spine. The injuries were confirmed by the defense IME. The defendant, on the other hand, claimed that she was able to regain control of the retriever before any contact with the plaintiff, and she testified that the plaintiff lost his balance and fell after becoming entangled in his own dog’s leash. The defense argued that the plaintiff’s injuries were the result of his failure to maintain control over his own dog, not because of negligence on the part of the defendant. The jury accepted the defendant’s version of the event and found in her favor.