Rottweilers Dragged Woman, Tore Muscles From Her Arm
In March 2002, plaintiff Marguene St. Juste, 30s, exited her car, when she was attacked by two Rottweilers in Delray Beach. The Rottweilers dragged St. Juste across a street and bit her. People in the neighborhood threw sticks and rocks in an effort to repel them. The Rottweilers ceased their attack momentarily, but dragged St. Just again, biting her numerous other times.St. Juste sued dog owner Keli Nowling, who did not appear at trial. An attorney she had retained did not appear as she was no longer paying him. St. Juste also named Delray Beach in the suit, claiming it was negligent in enforcing its ordinances. Local ordinances state that a dog must be taken to the pound if they are seen running at large.Plaintiff’s counsel presented the testimony of a code enforcement supervisor who stated that he had previously found the Rottweilers running loose. Plaintiff’s counsel also entered into evidence, six complaints of local residents who complained about the dogs running at large. Four other witnesses testified that they had called the animal control board about the Rottweilers running free.
Plaintiff’s counsel argued that the animal control officers assumed a duty when they repaired Nowling’s fence. The repair was negligent because the officers merely propped up a part of the fence with a cinderblock.
Defense counsel conceded that the injuries St. Juste suffered were horrible. However, the injuries were the fault of Nowling and not Delray Beach.
Defense counsel claimed that none of the complaints that were received actually involved the dogs biting people.
Defense counsel also raised defenses under sovereign immunity.
St. Juste suffered bites to her right forearm, severing the muscles from her arm as well as a nerve. She also suffered a compound right wrist fracture. St. Juste is right-hand dominant. She had surgery on her arm to repair the fracture and nerve damage. St. Juste claimed around $55,000 in medical expenses, as she did not have health insurance at the time of the accident.
St. Juste has permanent scarring on her arm. Prior to the accident, she had been a housekeeper at a local Marriott. She is permanently unable to work.
St. Juste has limited use of her arm. Her treating physician stated that she has lost the motor nerve in her right arm. She has trouble with fine motor skills, such as lifting objects. She frequently wears an arm splint.
The jury returned a verdict for St. Juste. She was awarded $3,760,500 in damages. Delray Beach was found 60% liable, and Nowling was found 40% liable.