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Case of the Month May 2019

Sheepdog Attack on Minor Settles for $180K

J.B.H. v. Auto Club Ins.

Case Type:
Animals - Bite/Attack
Animals - Dog

Specific Liability:
Sheepdog attacked minor without provocation

General Injury:
Face; medical expenses

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Related Court Documents:
Plaintiffs' amended complaint: 2015 WL 13799352
Defendants' pretrial reprot: 2017 WL 10964975
Petition for settlement: 2018 WL 7820368
Order approving minor settlement 2018 WL 7820369

Case Name:
J.B.H., a Minor by his Guardian ad Litem, Benjamin S. Wagner Lindsay Rodriguez, and Praxediz Hernandez v. Auto Club Insurance Association, ABC Insurance Company, Clemente Olage, and Wisconsin Department of Health Services

Docket/File Number:
2015-CV-005681

Result Amount:
$180,000

Result Date:
September 20, 2018

Judge:
Paul R. Van Grunsven

Attorneys:
Plaintiffs: Benjamin S. Wagner, Habush Habush & Rottier S.C., Milwaukee, WI
Defendants: Jason J. Franckowiak, Otjen, Gendelman, Zitzer, Johnson & Weir S.C., Waukesha, WI

Result Type:
Settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
$115,250.00 for the benefit of J.B.H.
$4,329.38 to Rodriguez for out-of-pocket expenses
$9,229.38 for medical liens
$51,191.24 to minor plaintiff's attorney for fees, costs and disbursements

Summary of Facts:
J.B.H., 8, was an invitee on a farm owned by Clemente Olgae and insured by Auto Club Insurance association when the minor was attacked and bitten on the face without warning by Olgae's Sheepdog. The minor sustained a lip laceration as a result of the attack.

The minor, by his Guardian ad Litem, and his parents, Lindsay Rodriguez and Praxediz Hernandez, filed a lawsuit against Olgae and Auto Club Insurance. The plaintiff alleged Olgae knowingly harbored a vicious dog and failed to adequately control it. The minor sought double damages for his permanent injuries, scarring, pain, suffering, disability and mental distress. Rodriguez and Hernandez sought compensation for loss of society and companionship.

The defendants claimed the minor grabbed and hit the dog just prior to the incident. They also asserted the dog had never been involved in any similar incident.

J.B.H. and Rodriguez reached a settlement with the defendants in the amount of $180,000.

Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Westlaw Citation:
2018 WL 7858147