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Case of the Month April 2025

Minor Recovers $55K Following Dog Bite Incident in Veterans Memorial Park in Black Earth

E.D. v. Scott

Case Type:
Animals - Bite/Attack
Animals - Dog
Insurance - Other Insurance

Specific Liability:
Minor was bitten by a dog in a public park

General Injury:
Physical scarring to face

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Fifth Judicial District, Dane County.

Related Court Documents:
Plaintiff's first amended complaint: 2023 WL 12027363
Plaintiff's petition for approval of minor settlement: 2024 WL 5397917
Order approving minor settlement: 2024 WL 5397913

Case Name:
E.D. v. Scott et al.

Docket/File Number:
2023-CV-002084

Result Amount:
$55,000

Result Date:
April 22, 2024

Judge:
Susan M. Crawford

Attorneys:
Plaintiff: Robert J. Gingras, Gingras, Thomsen & Wachs LLP, Madison, WI; Riley C. Leonard, Gingras, Thomsen & Wachs LLP, Madison, WI
Defendants: Patrick W. Brennan, Crivello, Nichols & Hall SC, Milwaukee, WI; Philip J. Tallmadge, Crivello, Nichols & Hall SC, Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$55,000 to plaintiff for damages

Summary of Facts:
Plaintiff E.D., a minor male, was reportedly visiting Veterans Memorial Park in Black Earth, Wis., when he approached a book box to look for a book at the park. The plaintiff said that defendant Mary Scott was standing nearby with her a Black Mouth Cur dog.

The plaintiff said that as he was standing in front of the book box, Scott's dog jumped on him and bit his face. The plaintiff said that he suffered personal injuries due to dog attack, which included scarring to his face. The plaintiff said that he did not provoke the attack; moreover, the plaintiff claimed that Scott was aware that her dog had bitten other people unprovoked before his attack.

In a first amended complaint, the plaintiff named Scott and her reported insurance provider, USAA Casualty Insurance Company, as defendants in the lawsuit. The plaintiff asserted that Scott's negligence, which included failing to adequately control and/or restrain her dog from attacking other people, failing to be attentive to her dog and failing to maintain and/or care for her dog in a manner that was safe for the community, caused the attack.

The plaintiff also contended that Scott had negligently brought her dog to a public park when she was aware that her dog had a history of attacking and biting people unprovoked. The plaintiff further claimed that as owner of the dog, Scott was strictly liable for the plaintiff's injuries and damages resulting from the attack under Wis. Stat. Section 174.02.

The parties agreed to resolve the plaintiff's claims arising from the incident for $55,000, and sought court approval of the settlement. The court approved the settlement terms.

Circuit Court of Wisconsin, Fifth Judicial District, Dane County.

Westlaw Citation:
2024 WL 5411617