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Plaintiff claimed ankle fracture after running from dog at store
Orange County Circuit Court, 9th
ankle-fracture; ankle other-nondisplaced fracture
Animals - Dog Bite, Animal Control
Felden Hudson v. Right Fuel Food Store, Inc., No. 2016-CA-004823-O
June 26, 2017
Felden Hudson (Male, 62 Years)
Brian K. McClain; Morgan & Morgan; Orlando, FL, for Felden Hudson ■ Ryan C. Rodems; Morgan & Morgan; Orlando, FL, for Felden Hudson
Right Fuel Food Store Inc.
David J. Pedersen; Law Office of David J. Pedersen; Orlando, FL, for Right Fuel Food Store Inc.
On Dec. 24, 2015, plaintiff Felden Hudson, 62, retired, entered a gas station-and-convenience store on South Rio Grande Avenue in Orlando. He inquired about using a restroom and was directed to one that was accessible from outside. As he was walking to the bathroom, he encountered a dog that seemed hostile. The dog began to chase Hudson. Afraid of being bitten, Hudson jumped over a chain-link fence to escape. He claimed the jump caused a fracture of his left ankle. Hudson sued store-owner Right Fuel Food Store Inc. He alleged the store was strictly liable for the dog attack which caused his injury. Specifically, Hudson claimed the store should have known that the dog was dangerous, with a propensity to attack. It should have made sure the dog wasn't dangerous before allowing it on the property. If the dog was allowed on the property, the store should have controlled or supervised it and warned Hudson about the dog's vicious tendencies. Right Fuel Food Store filed a response to the lawsuit, denying the allegations. The court struck the response, because it was not filed by an attorney. The court then issued a default judgment against Right Fuel Food Store on liability. The trial solely addressed damages.
After the accident, Hudson went home, then was driven to Osceola Regional Medical Center. He was initially diagnosed with a sprained left ankle. On Jan. 3, with continued ankle pain, Hudson went to Orlando Regional Medical Center. This time, tests showed a non-displaced fracture of his ankle. His foot was placed in a soft cast, but he did not require surgery or further treatment. Hudson said he has a permanent injury and he still has ankle pain, which he treats with occasional ibuprofen. He finds it difficult to stand or walk long distances and had trouble mowing his lawn. Hudson sought recovery of past medical expenses and also sought damages for past and future pain and suffering. Counsel for Right Fuel Food Store argued that Hudson didn't suffer a serious injury and had made a full recovery.
The jury awarded Hudson damages of $91,545.
Felden Hudson: $6,545 Personal Injury: Past Medical Cost; $85,000 Personal Injury: past and future pain and suffering
John E. Jordan
Plaintiff's counsel has filed a motion for taxable costs.
This report is based on information that was provided by plaintiff's and defense counsel. Additional information was gleaned from court documents.