Georgia Verdicts

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Postal worker: Dog owners engaged in willful misconduct

Amount:

$125,000

Type:

Verdict-Plaintiff

State:

Georgia

Venue:

Fulton County

Court:

Fulton County, State Court

Injury Type(s):

arm; arm-scar and/or disfigurement, arm;
leg; leg-scar and/or disfigurement, leg;
other-puncture wound; other-physical therapy; other-decreased range of motion; wrist; hand/finger-hand; mental/psychological-anxiety; mental/psychological-emotional distress; mental/psychological-post-traumatic stress disorder

Case Type:

Animals – Dog Bite, Animal Control; Intentional Torts – Willful Misconduct

Case Name:

Katrina Bebee v. Paul Jones and Nicole Jones,
No. 17EV000305

Date:

September 6, 2018

Parties

Plaintiff(s):

Katrina Bebee (Female, 33 Years)

Plaintiff Attorney(s):

David M. Zagoria;
Zagoria Law Firm;
Atlanta,
GA,
for
Katrina Bebee ■ Jeff S. Klein;
Jeff S. Klein, P.C.;
Roswell,
GA,
for
Katrina Bebee

Plaintiff Expert(s):

Julian Gordon; M.D.; Plastic Surgery/Reconstructive Surgery; Atlanta,
GA called by:
David M. Zagoria, Jeff S. Klein

Defendant(s):

Paul Jones, 

Nicole Jones

Defense Attorney(s):

J. Gabriel Banks;
Weathington McGrew Attorneys at Law;
Atlanta,
GA,
for
Paul Jones, Nicole Jones

Facts:

On Feb. 12, 2016, plaintiff Katrina Bebee, 33, a postal worker, was attacked by a Boxer dog in Atlanta. She claimed arm and leg injuries. Bebee sued dog owners Paul Jones and Nicole Jones, bringing a strict liability action. Bebee had delivered a package to the Joneses’ home. As she returned to her work vehicle, the dog escaped through the front door and bit Bebee on her right wrist/forearm and right calf muscle. According to Bebee’s counsel, the dog had a history of aggressive behavior and Bebee was the fourth person bitten by the dog. A delivery employee testified that he had been bitten by the dog in 2013 while delivering a package to the Joneses’ neighbor. Also, another neighbor testified that she had been bitten by the Joneses’ dog while walking across the street in 2014. Bebee’s counsel also cited how a veterinarian tech had been bitten by the dog. Bebee’s counsel faulted the defendants for allowing the dog to be supervised by their 11-year-old son at the time of Bebee’s attack. Given the dog’s history of attacks, Bebee’s counsel asserted, the animal should have been better contained and should have been muzzled. The defense maintained that the Joneses had taken measures to prevent any further dog bites. They reportedly posted a “Beware of Dog” sign on their property and had taken the animal to obedience training.

Injury:

Following the attack, police and EMS were called. Bebee was taken by her supervisor to a medical facility. She had puncture wounds to her right calf and right wrist and forearm of her dominant arm. The puncture wounds were cleaned and bandaged. Bebee was initially unable to open and close her hand and move her wrist. In the ensuing weeks, Bebee consulted with a physician and treated with physical therapy, which she underwent for two months. She then treated with home therapy for three months. Bebee also came under the care of a clinical social worker, who diagnosed Bebee with post-traumatic stress disorder (PTSD). Bebee treated with counseling for a couple of months. Bebee further treated with a plastic surgeon in an attempt to alleviate the scarring left by the puncture wounds on her wrist/forearm and leg. She only underwent a few scar revisions because the procedures were allegedly too painful. No further treatment was rendered. Bebee’s plastic surgeon testified that any additional scar revisions would only flatten the scars and that the scars were permanent in nature. Bebee testified about how the remaining scars make her feel self-conscious. She also discussed how she continues to experience anxiety, nightmares and a fear of dogs. Bebee sought $4,296.90 in medical costs, as well as $80,000 in past and future pain and suffering. She further sought punitive damages based on what her attorney argued was willful misconduct, malice, wantonness, oppression or want of care by the Joneses that would raise the presumption of conscious indifference to consequences. The defense disputed that the Joneses showed any willful misconduct and contended that Bebee was not entitled to any punitive damages.

Result:

The jury found that the Joneses were negligent and committed willful misconduct. They determined that Bebee’s damages totaled $125,000, which included $50,000 in punitive damages.

Katrina Bebee: $50,000 Personal Injury: Punitive Exemplary Damages; $75,000 Personal Injury: pain and suffering

Trial Information:

Judge:

Susan E. Edlein

Trial Length:

3
 days

Editor’s Comment:

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.