New York Verdicts

Plaintiff(s):

Michelle Curtis (Female, 19 Years)

Plaintiff Attorney(s):

Lee Greenstein;
Law Offices of Lee Greenstein;
Albany,
NY,
for
Michelle Curtis

Plaintiff Expert(s):

Jacqueline Bashkoff; Ph.D.; Psychology/Counseling; Albany,
NY called by:
Lee Greenstein

Defendant(s):

Donna Cicconi, 

James Cicconi

Defense Attorney(s):

Michael T. Cook;
Cook, Netter, Cloonan, Kurtz & Murphy, P.C.;
Kingston,
NY,
for
Donna Cicconi, James Cicconi

Insurer(s):

Sterling Insurance Co. for both defendants

On May 18, 2012, plaintiff Michelle Curtis, a 19-year-old unemployed woman, visited a residence that was located in Cairo. After having entered the residence, Curtis was attacked by one of the occupants’ dogs, Chance, a 7-year-old mix of a German shepherd and one or more other types of dogs. Curtis was floored, dragged through the home and repeatedly bitten. The attack briefly stopped when Chance was bitten by another dog, but Chance quickly recovered. He grabbed Curtis’ hair and neck, dragged her out of the residence, and continued to maul her. Curtis sustained wounds of her arms, a finger, her neck and her torso. Chance was destroyed later that day. Curtis sued the dog’s owners, Donna Cicconi and James Cicconi. Curtis alleged that the Cicconis negligently failed to properly control Chance. Curtis’ counsel contended that the Cicconis had known that Chance had previously displayed vicious propensities. Mr. Cicconi acknowledged having been told that the dog had placed its mouth and teeth on a person’s clothed arm, and he also acknowledged having witnessed increasingly threatening behavior toward people during the dog’s life. A police officer who responded to the incident involving Curtis claimed that Cicconi stated that the dog had bitten other people. Curtis’ counsel claimed that Chance had never been trained or vaccinated. The Cicconis claimed that Chance behaved peacefully during all prior instances in which Curtis visited their home. They also claimed that the dog had always responded to any command to cease aggressive behavior.

Curtis sustained 10 puncture wounds of her torso, two deep puncture wounds of her neck, a total of six puncture wounds of her arms and a finger, and abrasions and lacerations of her arms, her back and her neck. Curtis was placed in an ambulance, and she was transported to a hospital. She underwent debridement and irrigation of a wound of her right arm, and several other wounds were bandaged. She also underwent administration of morphine. Curtis’ hospitalization lasted four days. After one day had passed, she underwent treatment of an infection of one of her wounds. Curtis claimed that her right arm remained painful and that its fingers experienced persistent numbness. After an additional four days had passed, the arm was placed in a splint. Curtis claimed that she also experienced post-traumatic stress disorder, with manifestations that included anxiety, depression, nightmares, panic and the fear that she would be attacked by her own dog. She underwent about 23 months of psychological counseling. Curtis’ treating psychologist prescribed medication, Xanax, to control Curtis’ anxiety. Curtis claimed that her depression persists and that she continues to fear that she will be attacked by a dog. Curtis’ treating psychologist submitted a report in which she opined that Curtis suffers chronic post-traumatic stress disorder. The doctor further opined that the condition is likely permanent. Curtis also retains permanent disfiguring scars of her arms. She claimed that the scars cause embarrassment and self-consciousness, and she further claimed that she wears long-sleeved clothing to hide her scars. Curtis sought recovery of damages for past and future pain and suffering.

The parties negotiated a pretrial settlement. The Cicconis’ insurer agreed to pay $165,000. The settlement was finalized via the guidance of mediator Mark Sonders, of E. Stewart Jones Hacker Murphy, in Latham.

This report is based on information that was provided by plaintiff’s counsel. Defense counsel received a draft of the report, but he did not provide feedback.