WWBH Principals David Bub and Robert “Bo” Devereux successfully defended a personal injury dog bite claim with a St. Louis County jury awarding only minimal damages. The case was brought on behalf of a then13-year-old plaintiff who was injured when defendants’ family dog bit him numerous times on a trampoline after the dog became spooked.
The plaintiff alleged permanent scarring to both upper arms, injuries to his torso, and sought damages for PTSD that was treated for several years following the incident. The evidence included numerous graphic photographs of open wounds prior to surgical repair of the wounds. Plaintiff suffered seven prominent scars on both upper arms. Testimony at trial included multiple treating medical providers, a retained psychiatrist, and a retained plastic surgeon. The Plaintiff highlighted the alleged need for life long psychiatric treatment for the alleged PTSD that was supported by Plaintiff’s retained psychiatrist. Plaintiff claimed that he would require scar revision procedures for the scaring on each of his upper arms along with the necessary surgical follow-up and healing process necessary following the scar revisions.
The defense was able to successfully question Plaintiff’s claims related to PTSD citing other causes of his symptoms and provided testimony that the scarring had healed well, and any revision procedure was purely elective and may never occur.
Plaintiff’s pretrial demand was the available policy limits of $400,000 and in closing arguments asked the jury to award $1.7 million in damages. The jury returned a verdict of only $30,000.