Premises Liability

Court/Case No: Oakland County Circuit Court / 07-085144 NO

Tried/Argued Before: Jury of 7

Demand: $2,000,000

Verdict:  No Cause for Action

Name of Judge(s): Martha Anderson

Keys to the Case:

Plaintiff was in a riding party, riding her horse in front of Defendant’s farm property with an unleashed dog. Defendant, unaware of Plaintiff’s presence or that of her dog which had come onto Defendant’s property, let her dogs outside, untethered. Defendant’s dogs then proceeded to chase Plaintiff’s dog off the property, and in doing so, spooked Plaintiff’s horse. Plaintiff claimed her injuries included a broken nose, injuries to her hand, hip and uterus.

The allegation against Defendant was that she was in violation of the leash law by allowing her dogs out on the property without tethering them. The jury disagreed. The case was won by demonstrating to the jury a number of exaggerations and fabrications in the Plaintiff’s damage claims. Once that occurred the jury was receptive to arguments on liability as well.

Defense SW attorney(s) Involved in Case:

• Thomas J. Azoni