Texas Verdicts

Find out about the most important recent Texas cases, selected by VerdictSearch editors. Coverage includes Dallas, Harris and Tarrant counties. Subscribe to VerdictSearch for access to all Texas verdictsPricing Options

Pit bull’s dog bite fractured victim’s ulna, she claimed

Amount:

$1,302,296

Type:

Decision-Plaintiff

State:

Texas

Venue:

Harris County

Court:

Harris County District Court, 190th

Injury Type(s):

arm-fracture (fracture, ulna);
arm-scar and/or disfigurement, arm;
other-laceration; other-compound fracture; other-hardware implanted; epidermis-bite mark; surgeries/treatment-internal fixation

Case Type:

Animals – Dog Bite; Gross Negligence

Case Name:

Amber Rickles v. Jennifer Romano,
No. 201330631

Date:

May 18, 2015

Parties

Plaintiff(s):

Amber Rickes (Female, 32 Years)

Plaintiff Attorney(s):

Robin E. McIlhenny;

Bellaire,
TX,
for
Amber Rickes ■ John Thomas Foster;

Bellaire,
TX,
for
Amber Rickes

Defendant(s):

Jennifer Romano

Defense Attorney(s):

Christiana Dijkman;
Phillips & Akers;
Houston,
TX,
for
Jennifer Romano ■ Megan Penrod;

Houston,
TX,
for
Jennifer Romano

Facts:

On Feb. 7, 2013, plaintiff Amber Rickles, 32, the owner of a dog boarding business in Spring, was bitten by a pit bull owned by Jennifer Romano. Rickles sued Romano, claiming negligence, gross negligence and negligence pro se. Plaintiff’s counsel argued that Romano, who had established a dog rescue organization shortly before the incident, had brought the dog to Rickles for boarding on Jan. 30. Plaintiff’s counsel argued that Romano represented she was a professionally certified dog trainer, which she was not. Plaintiff’s counsel argued that Romano represented the dog had no behavioral problems when it had previously displayed aggressive behavior. Defense counsel maintained that the dog had been sedated before being brought to Rickles, demonstrating Romano was aware of potential behavioral problems. Plaintiff’s counsel maintained Rickles subsequently saw the dog engage in aggression toward other dogs and contacted Romano on Feb. 3, telling her she could not safely board the dog and asking her to retrieve it. Plaintiff’s counsel maintained that Romano had not replied to the message by the time Rickles was attacked. Romano initially replied pro se, but later retained counsel who first appeared two weeks before trial. Romano did not appear for trial. Judge Patricia Kerrigan issued a summary judgment on liability for Rickles prior to trial.

Injury:

Rickles was transported by ambulance to the emergency room. The dog broke her right arm, counsel claimed.. Plaintiff’s counsel maintained that the dog bit down hard enough to fracture her right distal ulna, her dominant arm. She also sustained dog bites on her left wrist, left breast and dominant right forearm and a severe compound fracture of her right distal ulna. Rickles was hospitalized for seven days and underwent internal fixation of her ulna fracture. Plaintiff’s counsel maintained the ulna plate was originally intended to be temporary, but after Rickles developed an infection in her arm her treating physicians determined it was not safe to remove it. She underwent a second surgery in August to deal with the effects of the infection and because the bone had not set. She began physical rehabilitation after her hospitalization and was continuing treatment at the time of trial. Plaintiff’s counsel maintained Rickles’ injuries have left her with no fine motor control and minimal grip strength in her dominant right hand, as well as four-inch scars on her right wrist. Plaintiff’s counsel claimed she was forced to close her business due to her injuries, was unable to work for a year and that she will require special accommodations to work for the foreseeable future. Rickles sought $122,296.59 for past medical expenses and unspecified amounts for past and future pain and suffering, mental anguish, physical impairment, disfigurement and lost income.

Result:

Judge Patricia J. Kerrigan awarded Rickles $1,302,296.59.

Amber Rickes: $122,297 Personal Injury: Past Medical Cost; $500,000 Personal Injury: Punitive Exemplary Damages; $150,000 Personal Injury: Past Lost Earnings Capability; $100,000 Personal Injury: Future Lost Earnings Capability; $100,000 Personal Injury: Past Pain And Suffering; $50,000 Personal Injury: Future Pain And Suffering; $75,000 Personal Injury: Past Disfigurement; $75,000 Personal Injury: Future Disfigurement; $100,000 Wrongful Death: Past Mental Anguish; $30,000 Wrongful Death: Future Mental Anguish

Trial Information:

Judge:

Patricaia J. Kerrigan

Editor’s Comment:

This report includes information that was gleaned from court documents and an interview with plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.