Mail carrier bitten by dog wins $25,000
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By Alan J. Keays Herald Staff - Published: February 17, 2006
A jury has awarded nearly $25,000 in damages to a letter carrier in Rutland attacked by a dog while she was delivering the mail more than four years ago.
The verdict followed a one-day trial this week in Rutland Superior Court. The jury deliberated for about two hours before reaching its verdict that the dog's owner, Joseph Brown, must pay Rutland mail carrier Sharon Crosby $24,648 for her medical expenses as well as other damages as a result of the Nov. 2, 2001, attack.
The jury Monday awarded $4,648 to cover Crosby's medical expenses, $5,000 for future damages as a result of "disfigurement and sensory impairment to her right hand," and $15,000 for pain and suffering.
"In my summation, I asked for in excess of $100,000," said Robert McClallen of Rutland, Crosby's attorney, said Thursday. "Obviously, we would have liked to have seen the jury return more, but I believe it was a fair verdict."
Crosby, 49, was attacked by Brown's 4-year-old German shepherd while she was delivering mail to his residence on Baxter Street. The dog had gotten loose from its owner's home and bit Crosby on her hand and leg as she approached the home.
She was able to fight her way back into her vehicle, drove across the street, honking the horn and yelling for help.
Crosby was out of work about five weeks recovering from injuries suffered in the dog attack, her attorney said.
Brown agreed to have the dog, Shiloh, put down after the attack.
McClallen said Crosby suffered scarring on her leg and her right hand as well as intolerance to cold in part of her hand.
"Basically, what they did was they awarded her for her medical bills plus $20,000," the attorney said.
Leo Bisson, a Montpelier attorney representing Brown, said he was satisfied with the jury's verdict.
"I thought it was a fair result the verdict returned," Bisson said. "My client accepted responsibility for what happened. What happened was an honest mistake that the dog accidentally got out of the house."
In Crosby's lawsuit filed in October 2004, her attorney alleged negligence on the part of the dog's owner.
"(Brown) was aware, or should have been aware, that had the dog not been controlled by him, or alternatively, had the dog not been not confined to (Brown's) property, that the dog would attack and bite persons with whom it came in contact," the lawsuit stated. "(Crosby) did nothing to provoke the attack by (Brown's) dog."
Contact Alan J. Keays at alan.keays@rutlandherald.com.
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