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Their dog didn’t bite neighbor, defendants contended
Barnstable County, Superior Court
arm; other-sepsis; other-infection; other-puncture wound; hand/finger-finger
Animals – Dog Bite, Animal Control
Marilyn MacDonald v. Mary Lynn Bourgeois and Raymond D. Bourgeois, Jr.,
May 11, 2018
Marilyn MacDonald (Female, 63 Years)
Dennis J. Conry;
Law Offices of Dennis J. Conry;
Mary Lynn Bourgeois,
Raymond D. Bourgeois Jr.
John W. Haverty;
Haverty & Feeney;
Mary Lynn Bourgeois, Raymond D. Bourgeois Jr.
On May 18, 2014, plaintiff Marilyn MacDonald, 63, retired, reportedly found a stray dog sitting in the front yard of her residential home in Falmouth. MacDonald claimed that when she attempted to reach out to check the tag around the dog’s collar, the dog bit her right index finger. MacDonald sued her neighbors, Mary Lynn Bourgeois and Raymond D. Bourgeois, Jr., alleging they were the owners of the stray dog that bit her. MacDonald alleged that the dog ran off after biting her. She said she described the dog to her neighbors and family, who told her it fit the description of a dog owned by the Bourgeoises. Mary Lynn and Raymond Bourgeois denied they owned the dog that bit MacDonald. They claimed their dog was tied up in the fenced-in back yard of their home at the time of the incident and their dog never roamed around the neighborhood unleashed.
MacDonald washed the dog bite wound and applied a topical antibiotic. However, she alleged that her arm began to swell several hours later, prompting her to seek emergency medical treatment. MacDonald was hospitalized for six days and her right dominant arm was in danger of being amputated due to a sepsis infection. MacDonald claimed she suffers residual pain and limitations performing activities of daily living. She sought damages for past and future medicals and past and future pain and suffering. The defense denied any responsibility for MacDonald’s injuries.
The jury rendered a defense verdict. It found McDonald failed to prove the dog that bit her was owned by Mary Lynn and Raymond Bourgeois.
Robert C. Rufo
This report is based on information that was provided by defense counsel. Plaintiff’s counsel declined to contribute.