Carolinas Verdicts

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Defense: Dog bit HVAC tech only after being startled

Type:

Verdict-Defendant

State:

North Carolina

Venue:

Catawba County

Court:

Catawba County, Superior Court

Injury Type(s):

other-infection; epidermis-bite mark; amputation-finger; hand/finger-hand; surgeries/treatment-debridement

Case Type:

Animals – Dog Bite; Premises Liability – Residence

Case Name:

Carlton F. Poston v. Jack Hyatt and Beverly Hyatt,
No. 13-CVS-852

Date:

March 28, 2014

Parties

Plaintiff(s):

Carlton F. Poston (Male, 51 Years)

Plaintiff Attorney(s):

L. Clinton Byrd Jr.;
Cranfill Sumner & Hartzog LLP;
Raleigh,
NC,
for
Carlton F. Poston

Defendant(s):

Jack Hyatt, 

Beverly Hyatt

Defense Attorney(s):

Gerald A. Stein II;
Hedrick Gardner Kincheloe & Garofalo;
Charlotte,
NC,
for
Jack Hyatt, Beverly Hyatt

Facts:

On Dec. 3, 2010, plaintiff Carlton F. Poston, 51, a heating and cooling technician, was working in the home of Jack Hyatt and Beverly Hyatt when one of the couple’s dogs bit him on the hand. The wound developed medical complications that resulted in Poston eventually electing to have a surgical amputation of his middle finger and third metacarpal. Poston sued the Hyatts for negligence. The dog that bit him was a bullmastiff named Molly, one of three dogs in the Hyatt home when the incident occurred. The Hyatts’ home has an indoor/outdoor room that allows the dogs to access the backyard. That room is separated from the rest of the house by a Dutch door, that allows the top to open, while the bottom remains closed. In the course of his service call, Poston was working on the HVAC unit in the basement when he came upstairs to speak with Beverly Hyatt, who was sitting in the indoor/outdoor room with two of the three dogs. It was undisputed that the bottom half of the Dutch door was closed and the top half was open. Poston claims that when he rested his hand on the top of the bottom half of the door, Molly bit him without provocation. Defendants denied liability. Beverly Hyatt testified that Molly bit Poston after he startled her by reaching over the door to pet her. Defense motions to dismiss the complaint at the end of the plaintiff’s case were denied by Judge Eric L. Levinson, who cited testimony from a witness that he/she was fearful of the aggressive conduct on one of the Hyatts’ dogs four years earlier. The jury was ultimately presented with the issues of negligence, contributory negligence, strict liability and damages.

Injury:

Poston’s bite wound at first seemed relatively insignificant, but became infected. At that time, Poston sought medical treatment for the infection. He was diagnosed with a rare bacteria called Pasteurella pneumotropica, which is occasionally found in cats and dogs. Poston treated with antibiotics and had a surgical procedure to remove damaged tissue. When those treatments failed, he began treatment with an infectious disease specialist. Eventually, the infection began to heal, but Poston was left with such severe tissue and ligament damage he was unable to pick up and carry his tools. Doctors recommended, and Poston agreed to, the surgical amputation of his middle finger and third metacarpal so that he could rehab and strengthen the rest of his hand. The injury was to Poston’s non-dominant hand. At trial, Poston sought $80,719 in medical expenses and $29,250 in lost wages.

Result:

As to ordinary negligence, the jury found the defendants negligent, but also found Poston was contributorily negligent. As a result, the jury exonerated the defendants as to the strict liability claim. The finding of contributory negligence on the part of the plaintiff nullified the ordinary negligence claim. A defense verdict was entered.

Trial Information:

Judge:

Eric L. Levinson

Trial Length:

3
 days

Trial Deliberations:

3
 hours

Jury Vote:

12-0

Editor’s Comment:

This report is based on information that was provided by plaintiff’s and defense counsel.