In December 2021, Feldman, Kleidman, Collins & Sappe LLP’s (FKC&S) 63-year-old client from Beacon, NY was walking a friend’s dog. Another dog bolted from a house on the block and tried to attack the dog she was walking. She lifted that dog up to protect it and the attacking dog bit her right hand. As a result, she suffered a nerve injury to that hand which has made normal daily activities difficult. She contacted FKC&S and Steven H. Cohen filed suit.
In New York State, to recover damages in cases like this one, the victim must prove that the dog had exhibited prior vicious propensities and that the owner of the attacking dog had knowledge of such behavior. At the deposition, based upon the testimony from the attacking dog’s owner elicited by Cohen, it became clear that the attacking dog was a known problem. The defense had FKC&S’s client examined by their doctor and he confirmed her nerve damage. The case was placed on the trial calendar but was ultimately settled at mediation for $285,000.