Civil Dog Bite Cases:
Much of the CPT expert’s efforts involve plaintiff or defense work in civil dog bite cases. The majority of civil work supports plaintiffs. Nevertheless, if evidence supports the defendant, then CPT will support the defense in a civil dog bite case. CPT expert witness in dog behavior Mark Spivak assisted plaintiff’s counsel in the following case.
Background:
In Halifax County, North Carolina a local postal worker walked her route. Mailboxes in the neighborhood were adjacent to the door of each home, rather than on the street. Consequently, once reaching the neighborhood, the letter carrier parked her postal truck. She then placed mail for nearby homes in a large bag, and then walked up and down a street. Subsequently, she would return to her truck, move it up a block, and repeat the process.
The route she carried that day was formerly her everyday route. However, she took a 3-year hiatus from walking, due to an incapacitating hip injury. The severe hip injury required surgery and ample recovery time. During this 3-year period, to accommodate her disability she worked in-office at a USPS branch. However, just as April is part of the Spring season, a spring returned to her step. Thus, she was again ready to deliver mail by foot.
To test her endurance, the day prior she delivered half the route. On the day of the incident, she reacquainted to the remaining half. Unfortunately, because of her time away, she was unfamiliar with neighborhood dogs inhabiting the locale.
After parking her USPS truck, she packed her bag with the neighborhood’s mail. She next exited the truck and walked up the block. Feeling good about her vim and vigor, she crossed the street. Once crossing, she prepared to deliver mail down the block, in a direction toward the parked truck.
At the first house in the downward direction, the letter carrier progressed from the sidewalk to a short concrete path directed toward the door of the home. Once reaching a raised stoop, she climbed 2 steps to stand atop the stoop. She next placed her right hand upward near the home’s storm door, in case it somehow flew open. The postal service taught the letter carrier to preventively raise her hand proximal to a storm door if the interior door was left open, which was the case at this resident’s home.
While standing on the stoop, she next placed mail in the box attached to the front of the home. The box was positioned slightly to the left of the door. Once delivering the resident’s mail, the postal carrier turned 180 degrees. After reversing direction, she headed down the stoop, whereby she intended to walk toward the sidewalk.
The (Un) Civil Dog Bite:
However, while on the first step her walk was suddenly and violently interrupted. A large, highly territorial, and highly aroused Pit Bull dog burst open the glass storm door.
It is not known how the dog rapidly exited the door. Perhaps the last departing resident did not close the door properly when leaving the property (residents frequently exited via the front door, rather than the garage, as they typically parked their cars on the driveway). Maybe the door was in an undisclosed state of disrepair, whereby it could not close properly. Possibly the dog inadvertently opened the door by jumping, landing atop the horizontal handle, and then pushing the lever downward. Regardless, incontrovertibly the dog escaped the premises by departing through the area that should have been adequately secured by the storm door.
Once opening the door, the Pit Bull lunged toward the unaware postal carrier and seized upon her ankle. The dog forcefully grabbed her ankle, growled, violently shook the end of her extremity, and knocked the postal carrier to the ground. The postal carrier’s frightened, clamorous screams alerted one of the homeowner’s adult sons. The son ran outside attempting to aid the postal worker by dislodging the thrashing dog from her ankle and lower calf. The untrained dog refused to cooperate, increasing damage to the innocent postal worker.
Finally, the son removed the dog from the victim’s ankle. However, all was not over. The frenzied dog attacked again. This time lacerating her thigh. At least, on a good note, the homeowner’s son had an easier time removing the dog during its second bite.
The son then secured the dog inside an interior room, while his brother tended to the postal carrier’s wounds. Concurrently, the victim postal worker called 9-1-1. EMTs quickly arrived upon the scene, whereby they took the postal carrier to a local emergency room.
The Postal Carrier’s Dog Bite Injuries:
As a result of her dog bite injuries, the postal carrier was away from work for several months, required 3 months of medical treatment to facilitate wound healing, suffered great pain, continues to suffer intermittent pain, incurred inexpungible scarring, and was assessed by medical professionals as having a permanent partial physical disability. In addition, she now has PTSD, characterized by incapacitating panic attacks when observing large dogs. The panic attacks inhibit the letter carrier’s ability to function in her job and to enjoy her occupation. Moreover, panic inhibits her social life, as she routinely declines invitations where she might cross the path of a dog, even a service dog. Consequently, since the injury she is more socially isolated from family and friends.
Her Postal Service workmen’s compensation plan covered most of her medical bills, but did not compensate her for the totality of her injury. Therefore, she sought the aid of an attorney to equitably indemnify her for the effects of her physical, emotional, and financial damages.
The Role of the CPT Expert Witness in Dog Behavior:
Fortunately for the plaintiff, the attorney had worked previously with CPT and realized the benefits of including a CPT expert as a team member. The CPT expert promptly analyzed interrogatories, depositions, witness statements, police reports, animal control reports, veterinary records, medical records, site photographs, victim injury photographs, photographs of the dog, and pertinent county and municipal codes. Throughout the process the CPT expert consulted plaintiff attorneys in the development of deposition questions and overall strategy.
While the CPT expert was writing his report the case favorably settled.
Upon the case’s conclusion, the lead attorney wrote to the CPT expert: “Your presence gets the other side to pay more than anticipated. Seeing your CV definitely is a way to get the other side to pay up. When dog bite cases come in we will definitely give you a call.”