Facts

On Sept. 6, 2006, at approximately 5:40 p.m., plaintiff Alejandro Maciel, a 25-year-old probationary postal worker, was covering the route of a co-worker. When the plaintiff arrived at the defendant's property, he walked in through a gate, along a path, and up the stairs to the porch, which had mailboxes to the side of the doors for two units. He placed the mail in first mailbox and intended to walk to the second mailbox. However, before he could do so, the defendant's dog started barking and came running from the side yard and up the porch, towards the plaintiff. The dog ran, barked, snarled and attempted to bite the plaintiff, who fended the dog off with magazines he was holding in his hand and his mail satchel. The plaintiff jumped off the porch, but was thrown off balance because the dog had bitten into his mail satchel, which plaintiff had placed between himself and the dog for protection.

The plaintiff landed with all his weight on the left leg, felt a pop, and fell to the ground. He tried to get up, but his left knee gave way. Accordingly, the plaintiff used his pepper spray, and managed to crawl a few paces and then limp out the gate to avoid the continuing aggressive conduct of the dog.

A neighbor heard the noise and came out, and attempted to gain control of the dog by calling him by name. Supervisors of the USPS were called to the scene and rendered assistance to plaintiff who was later transported for medical care.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant failed to keep her dog confined, which she knew was necessary given the dog's history. The dog has had a sorted history, which made him a known danger at the time of the incident. The defendant rescued the dog and was advised that the prior owners abused the dog.

On a prior occasion, a meter-reader was chased away from defendant's property by the same dog, which resulted in defendant being required by animal services to keep the dog in a cage, something defendant failed to do on the date of the incident.

DEFENDANT'S CONTENTIONS:
The defendant denied and disputed that the dog was dangerous. The defendant further disputed the nature and extent of plaintiff's injuries and damages, and contested that plaintiff was contributorily negligent.

Settlement Discussions

The plaintiff demanded $300,000. USPS had a total indemnity payment lien of $9,000.

Specials in Evidence

$24,081 $36,520 $51,000 Future medical costs were estimated to be $554,000 for multiple anticipated knee replacements and pain management given plaintiff's young age.

Injuries

The plaintiff suffered non-displaced tibial plateau fracture, lateral tibial plateau fracture, chondromalacia of the patella, with a mesial longitudinal articular cartilage defect as a result of the dog attack. On May 12, 2008, arthroscopic surgery was performed to help alleviate the symptoms. Additionally, post-operative physical therapy was ordered.

Result

The case settled at a mediation for $230,000 before Thomas Dillard, Esq.

Other Information

FILING DATE: Feb. 8, 2008.