Summary
awarding $45,000 for claim of “physical and emotional pain and suffering, for loss of use of right hand and wrist, ” with some partial and some permanent effects
Summary of this case from James v. Costco Wholesale Corp.Opinion
HHDCV146055792
07-18-2017
Camilla Coppedge v. Curtis Travis
UNPUBLISHED OPINION
MEMORANDUM OF DECISION
Patty Jenkins Pittman, Senior Judge.
The plaintiff Camilla Coppedge brings this action against the defendant Curtis Travis to recover damages for injuries she suffered upon an encounter with the defendant's dog. The action is brought pursuant to Conn. Gen. Stat. § 22-357, which provides a right of action for damages " if any dog does any damage to either the body or property of any person, " except when the injured person was " committing a trespass or other tort, or was teasing, tormenting or abusing such dog." Id. The matter was tried to the court on July 11, 2017. The plaintiff and defendant testified and presented other evidence. The court finds the following facts by a preponderance of the evidence.
On April 14, 2013, the plaintiff, who worked as a personal care assistant to elderly and disabled people, was carrying certain items into a motel room in East Hartford from a motor vehicle. The defendant, who was a long distance truck driver, was playing fetch with his dog on a grassy area next to the motel building. The defendant's dog was a one-year-old medium-sized Labradoodle named Lilly, with whom the defendant sometimes traveled. At the end of their exercise, the defendant and Lilly intended to return to the motel room where they were staying. Lilly, with no leash attached, bounded toward the motel ahead of the defendant.
The plaintiff saw Lilly coming, became startled and frightened, and tripped and fell as she tried to avoid the dog's advance. Lilly never actually made physical contact with the plaintiff, but came close and stood over the plaintiff as the plaintiff lay on the ground.
The defendant attempted to help the plaintiff up off the ground but words were exchanged about the presence of the dog. The defendant put Lilly in his motel room, away from the plaintiff, and helpfully called 911 for an ambulance.
It was obvious that the plaintiff was injured. She had fallen backwards with her right arm and wrist under her body as she landed. The plaintiff was in great pain. She was taken by ambulance to Manchester Memorial Hospital where she was examined, x-rayed, and treated. Her right wrist was fractured in two places. The plaintiff was discharged from the hospital with a cast on her right wrist.
The plaintiff followed up with a visit to her regular doctor and with a referral to a wrist and hand specialist. She complied with the recommended treatment and underwent other tests and months of rehabilitation. As of December 31, 2013, the plaintiff's hand specialist, Dr. Rodner, indicated that the plaintiff had no further work restrictions. By April 23, 2014, the plaintiff had reached maximum medical improvement; she was assigned an 8% permanent partial impairment rating to her right upper extremity based on a permanently decreased range of motion in her wrist.
The right hand is the plaintiff's master hand. The plaintiff had previously suffered. from carpel tunnel syndrome in that hand and had undergone surgery to release and ameliorate the condition in the 1990s. Up to the date of this incident, the plaintiff had not had further troubles with her wrist and hand. When the plaintiff finally returned to work after her rehabilitation for this wrist fracture her work duties did not involve using as much hand strength and agility as before.
The plaintiff did not return to work for two years. She was released to return to work in early 2014 as far as Dr. Rodner was concerned. The court has determined that the plaintiff has proved lost earnings only from April 2013 to January 2014.
Recently the plaintiff has experienced increased pain, numbness, and tingling in her hand, such that it sometimes " gives out, " and she cannot competently hold a writing instrument or do cooking chores. The plaintiff's hand specialist has recommended surgery to her hand and wrist. The surgery was scheduled for July 2017 but had to be postponed because of a family emergency. The plaintiff intends to reschedule and complete the surgery in the near future. There is no evidence in the medical records that these new issues with the plaintiff's right hand are associated with the wrist fracture, as opposed to a recurrence of her carpel tunnel syndrome. Indeed, in the medical records, it is indicated that there is an open question about whether the new pain and weakness in the plaintiff's right hand is a result of the latter instead of the former. Also there is no medical opinion that the wrist fracture exacerbated an underlying carpel tunnel problem.
LIABILITY
The court finds that the exuberant, unleashed Lilly was a proximate cause of the plaintiff falling and injuring herself. There is no dispute that the defendant was, and still is, the owner and keeper of the dog. The court finds that the plaintiff has met her burden of proving all of the essential elements of a claim for damages under Conn. Gen. Stat. § 22-357.
DAMAGES
The plaintiff has proved that she is entitled to damages for the following injuries in the following amounts:
Economic Damages
Past Medical Expenses
Ambulance Service of Manchester
$217.10
14 April 2013
Manchester Memorial Hospital
$3, 405.51
14 April 2013
Conn. Center for Orthopedic Surgery
$985.00
15 April 2013
Univ. Of Conn. Dempsey Hosp. MRI
$1, 810.00
24 December 2013
Univ. of Conn. Phys. Therapy
$1, 238.00
4 June 2013-5 Sept 2013
University Physicians (Dr. Rodner)
$2, 713.00
23 June 2013-20 June 2017
Total:
$10, 368.61
Past Lost Wages: an average of $300
per week for a period of thirty-six
weeks.
Total:
$10, 800.00
Future Economic Damages: unproven.
Noneconomic Damages, Past and Future
For physical and emotional pain and suffering, for loss of use of right hand and wrist for a temporary period during treatment and rehabilitation, and for current 8% permanent partial impairment which the court finds is related to this incident. Total: 45, 000.00.
ORDERS
The above findings constitute the verdict of the court as to damages. As requested by the parties at trial, the court shall schedule further proceedings on the issue of any collateral source reduction. The parties shall appear on Monday, 14 August 2017, at 2:00 p.m. to present evidence or an agreement regarding any such adjustment, so that the court can promptly enter judgment thereafter.