Facts

On May 20, 2011, a 75-pound, un-neutered pit bull-mastiff dog attacked Clara Silva while she was walking through the triplex where Claimant lived for 13 years and the dog owners' had moved two years prior to the attack. The dog attack occurred when Silva was passing by the dog owners' apartment to take out her trash and the dog pushed-open the door. The dog initially bit Silva's knee, then bit her calf, and crouched and yanked on her leg for approximately five minutes, until the dog's owners showed up and the dog let go. Claimant was too afraid of the dog to leave her apartment until her friend forced her to go to the hospital 48 hours after the mauling.

CLAIMANT'S CONTENTIONS:
Claimant contended other tenants complained about the dog and its dangerous and aggressive nature, and one of those tenants moved out because they were afraid of the dog.

RESPONDENT'S CONTENTIONS:
Respondent contended that Claimant showed signs of exaggeration of symptoms and malingering on the MMPI, that the medical treatment suggested by Claimant's plastic surgeon was not necessary and an attempt to build up the damages and that Claimant's claim of lost wages was not reasonable given the fact that she continued to work for 10 months after the attack.

Settlement Discussions

Case was arbitrated pursuant to Stipulation of the parties for binding arbitration with a mini-maxi of $100,000 low and $300,000 high. Arbitrator was unaware of the mini-maxi agreement. $100,000 was paid after the Stipulation was signed.

Damages

Post Traumatic Stress Disorder and Adjustment Disorder caused by dog attack and mauling, experienced as depression, fear of large dogs, and withdrawal from society. Dr. Zackler testified Claimant would benefit from 6-12 months of psychotherapy (cost $7,000-$11,000) and psychiatric medication management for at least 2 years (cost $2,000). Claimant's difficult upbringing made her more susceptible to the trauma and less able to cope. Scarring, unsightly and prominent on left leg, particularly near shin, measuring 1½ inches at largest point. Puncture wound scars around knee. Report from Stephen Bresnick estimated fat injections to smooth out area (cost $3,500 x 2 procedures), scar revision, which would not make a huge impact (cost $2,000), and laser therapy with bleaching (cost $1,500.)

Injuries

Silva suffered a bite mark, depression, post traumatic stress disorder, a puncture would, and scarring and/or disfigurement of her leg.

Result

The arbitrator awarded Silva $439,686.