New York Verdicts
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Amount:
$150,000
Type:
Verdict-Plaintiff
State:
New York
Venue:
Erie County
Court:
Erie Supreme
Injury Type(s):
arm-fracture (fracture, ulna);
other-pins/rods/screws; other-fracture, displaced;
wrist-fracture;
surgeries/treatment-open reduction; surgeries/treatment-internal fixation
Case Type:
Animals – Dog Bite, Animal Control; Government – State and Local Government
Case Name:
Celeste Swietlik v. Town of Hamburg,
No. 2368/11
Date:
October 9, 2014
Plaintiff(s):
Celeste Swietlik (Female, 82 Years)
Plaintiff Attorney(s):
Joseph D. Morath, Jr.;
Connors & Vilardo LLP;
Buffalo,
NY,
for
Celeste Swietlik
Plaintiff Expert(s):
Bernhard Rohrbacher;
M.D.;
Orthopedic Surgery;
Buffalo,
NY called by
Joseph D. Morath, Jr.
Defendant(s):
Town of Hamburg
Defense Attorney(s):
Allan M. Lewis;
Lewis & Lewis, PC;
Buffalo,
NY,
for
Town of Hamburg
Insurer(s):
Self-insured primary coverage
Travelers Property Casualty Corp. excess
During the evening of Dec. 22, 2010, plaintiff Celeste Swietlik, 82, an accounts-receivable clerk, was attacked by a neighbor’s dog. The incident occurred in the backyard of Swietlik’s residence, which was located at 4248 E. Frontier Drive, in Hamburg. Swietlik sustained an injury of a wrist. Swietlik sued the town of Hamburg. She alleged that the town negligently failed to control the dog. Swietlik claimed that she and a neighbor had filed a total of eight complaints regarding the dog. She claimed that the dog had attacked other neighborhood dogs and that, in one instance, it attempted to break through a glass door, to enter her house. She further claimed that town wardens visited her home several times and assured her safety. She also claimed that she would not have entered her backyard at night had she not received the wardens’ assurances of safety. Plaintiff’s counsel contended that Swietlik justifiably relied upon the wardens’ assurances and that, therefore, the town assumed a duty to protect Swietlik. Defense counsel did not aggressively defend negligence, but he contended that Swietlik doubted the veracity of the wardens’ assurances and that, therefore, she could not establish a special relationship with the town.
Swietlik sustained a severe bite wound that caused a displaced fracture of her left, nondominant wrist’s ulnar styloid process, which is a short bony projection that is located near the base of the wrist. Swietlik was placed in an ambulance, and she was transported to an urgent-care facility. Her care was quickly transferred to Erie County Medical Center, in Buffalo. During the ensuing day, her fracture was addressed via open reduction and the internal fixation of two pins. Her hospitalization lasted three days, and she claimed that she subsequently performed independent therapeutic exercises. Swietlik further claimed that she suffers residual pain and a near-total loss of her left wrist’s functionality. She claimed that she relies upon the assistance of relatives for performance of many of her everyday activities. Swietlik sought recovery of a total of $250,000 for past medical expenses, past pain and suffering, and future pain and suffering.
The jury found that the town of Hamburg was liable for the accident. It determined that Swietlik’s damages totaled $150,000.
Celeste Swietlik: $12,207 Personal Injury: Past Medical Cost; $50,000 Personal Injury: Past Pain And Suffering; $87,793 Personal Injury: Future Pain And Suffering
Judge:
Paula L. Feroleto
Demand:
$250,000
Offer:
$75,000
Trial Length:
4
days
Trial Deliberations:
2.5
hours
Jury Vote:
6-0
Jury Composition:
4 male/ 2 female
This report is based on information that was provided by plaintiff’s and defense counsel.