Opinion
No. CV03-0100630 S
November 12, 2004
MEMORANDUM OF DECISION
By amended complaint, dated May 15, 2003, the plaintiff, Stanley Scherp, is seeking to recover damages from the defendant, Fred Facius, under the provisions of Conn. Gen. Stat. Section 22-357, claiming absolute liability under said statute.
After a full trial, the parties present and represented by counsel, the court, based on a preponderance of the credible, relevant and legally admissible evidence and the reasonable, rational and lawful inferences to be drawn therefrom, finds, determines and rules as follows.
On or about May 30, 2002, the defendant was the owner and keeper of dog.
While at the owner's property, the plaintiff, who was employed by the defendant on that same date, touched and examined said dog that had just fought and killed a rabid raccoon.
As a result of the plaintiff's contact with the dog, he was advised to and did receive a series of anti-rabies injections.
The dog never contracted rabies.
The plaintiff is seeking recovery of lost wages and medical expenses.
Section 22-357 is a strict liability statute which in pertinent part reads, "If any dog does any damage to either the body or property of any person . . . the owner or keeper shall be liable for such damage . . ."
The phrase ". . . If any dog does any damage . . ." contemplates some kind of volitional act on the part of the dog that results in damages to the victim.
Here, the dog, after the incident with the raccoon, was passive and non-violent in that it was not directing any hostile, threatening, attacking or menacing behavior toward anyone including the plaintiff either directly or indirectly.
The court expressly finds that the dog in this case, committed no harmful act, directly or indirectly, towards the plaintiff which involved the strict liability of Section. 22-357 in favor of the plaintiff.
Judgment is entered for the defendant with costs.
DANIEL F. SPALLONE JUDGE TRIAL REFEREE