Confidential

Facts

On April 23, 1998, at approximately 9:45 p.m., the plaintiff, a 39-year-old travel agent, took her dog and her friendÆs dog, both Pitbulls, outside to urinate at the curbside lawn of her condominium. Plaintiff removed the friendÆs dogÆs leash.
Defendant, owner of the adjacent apartment building, walked downstairs and was standing under the carport area of his building.
The defendant yelled, ôKeep those dogs away from me.ö The plaintiffÆs friendÆs dog started toward the defendant.
Defendant had been performing repairs on the apartment building and was carrying tools, including a carpenterÆs saw with a 2-foot blade. As the dog got 5-10 feet away from the defendant, he began waving the saw in the air. The plaintiff walked over to try to get the dog.
When the dog was within a couple feet of defendant, the defendant started slashing the saw at the dogÆs head. The plaintiff asked the defendant to stop swinging the saw so she could reattach the leash.
The defendant stopped swinging the saw a few seconds. As plaintiff tried to get around defendant to grab the dog, she stumbled over the plaintiff. The plaintiff stumbled forward, caught her balance, and reached out to grab the dogÆs neck. The defendant took three to four steps backwards and fell, landing on his back.
The plaintiff put the leash on the dogÆs neck. The defendant started swinging the saw again, cutting plaintiff across her right (dominant) wrist.

The plaintiff contended that the defendant failed to act as a reasonable person would under the circumstances. Rather than retreat when he had clear opportunities to do so, he instead drew attention to himself and then attracted the dog with the waving saw. Once the dog was near him, defendant ignored plaintiffÆs pleas to stop swinging the saw so she could reattach the leash, and he proceeded to attack the dog with the saw.

The plaintiff claimed that before she and the dog could leave, defendant started swinging the saw again, causing plaintiffÆs injuries.
DEFENDANT CONTENTIONS:
The defendant contended that he was panicked and terrified when the Pitbulls came toward him. When one dog was within a foot of him, defendant tried to defend himself against it using the saw. Later, when defendant fell to the ground and was on his back, he was worried that the dogs were going to attack him, so he attempted to protect himself by swinging the saw. Contending that he was confronted with imminent danger, defendant acted reasonably and in the same manner as would an ordinary prudent person.

Specials in Evidence

$30,000 $14,000

Injuries

Tendon lacerations in the right wrist, requiring surgical repair and subsequent reconstructive tendon transfer surgery.