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Dog bite to child

April 28, 2010
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Trial Report

Steven and Jessica Russell, as parent of Caroline Russell, a minor v. Charles and Sherry Baughman

Court & Case no.: settled prior to filing suit

Injuries: facial scars

Date: Dec. 8, 2009

 

Disposition: $150,000 settlement to parents of injured child

Plaintiff Attorney(s): Steven M. Crell, Cohen Garelick & Glazier, Indianapolis

Defendant Attorney(s): none

Insurance: Grange Mutual Casualty Co

Case Information: Caroline Russell was 6 years old when she visited a friend’s home in Ohio. She was directed by the friend’s mother, the homeowner, to go to the garage to get ice cream. Caroline was attacked in the garage by the homeowner’s dog and was bitten on her nose, mouth, and cheek.
Caroline required 42 stitches in her face and had to have subsequent plastic surgery to correct scarring caused by the attack. She still has scars on her nose and lip that her plastic surgeon indicates will likely be permanent.

Because Caroline’s injuries occurred in Ohio at an Ohio residence, Ohio law controls. Ohio law differs from Indiana law in that a dog owner is strictly liable to a person injured by the dog so long as the injured person has not teased or provoked the dog, and so long as the injured person was legally in the presence of the dog and not committing a crime at the time of the attack.

Thus, in this instance, liability was fairly certain, and the proper amount of damages was the primary focus of settlement negotiations. The homeowner’s insurance company agreed to a pre-suit settlement requiring payment to Caroline’s parents for her benefit in the sum of $150,000. A minor’s compromise was approved by the Superior Court in Hamilton County, where Caroline now lives.

 - Steven M. Crell

 
 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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