Facts

Plaintiffs, the Kim family, lived next door to defendants, the Carons, who owned a 110-pound pit bull terrier/American bulldog. Plaintiffs were in the middle of storing Christmas lights in their garage when the dog escaped defendants' home and suddenly entered plaintiffs' garage. The dog knocked plaintiff Nathan Kim, age 4, to the ground and repeatedly bit the back of his head and neck. His father, David, stopped the attack by grabbing and twisting the dog's genitals. The defendants claimed they did not know how the dog escaped their home. Nathan's mother and father witnessed the attack and sued for negligent infliction of emotional distress.

The father, David, dismissed his case while his IME was pending. The dog was euthanized following the incident. Additionally, because the breed of the dog could not conclusively be established, defendants were successful in obtaining a court order before trial excluding any reference to the dog as a pit bull or part pit bull.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the defendant dog owners were strictly liable for the dog mauling attack which resulted in physical injuries and a separation anxiety disorder to 4-year-old Nathan. It was anticipated that future psychotherapy sessions involving both Nathan and his parents would be necessary to remedy the emotional residuals to both Nathan and his mother from the attack.

DEFENDANT'S CONTENTIONS:
Dr. Rappaport, hired to do a Mental IME on Jennifer Kim, opined that Jennifer had "choked" during the attack and had let her feelings get in the way of behavior which could have been helpful. She reacted in an "overly dramatic fashion" to the attack and following a few short months all emotional residual suffered by Nathan was the result of his mother's overreaction and not the dog attack itself. He did feel that therapy for both mother and child was appropriate.

Dr. Wasserman, hired to do a Mental IME on Nathan, opined that the family perceived this as a life threatening attack and that Jennifer Kim did not overreact to it. Future therapy for both Nathan and the family was appropriate.

Settlement Discussions

Plaintiff's 998 demand was for $250,000. Defendant's 998 offer was $100,000 raised to $175,000 just before trial and $200,000 during trial.

Specials in Evidence

Plaintiff claimed $6,058. Plaintiff claimed between $10,000 to $20,000.

Injuries

The plaintiff suffered from dog bites, puncture wounds to the skull and face, scarring, lacerations, emotional distress, nightmares, and separation anxiety. Additionally, the young child's mother also suffered from emotional distress caused by witnessing the attack on her child.

Result

The parties reached a $200,000 settlement during jury selection.