Compensation from Dog Bite Reduced in Appellate Court

On April 18, 2016, Ms. Kathleen Wilt was jogging along Maple Street near Prospect Park in Brooklyn. While jogging, she was bitten on her upper thigh by a large Rhodesian Ridgeback dog. The owners of this dog were, Mr. Tom Montvel-Cohen and Ms. Susan Cohen. Mr. Cohen was distracted, talking on his cellphone, with his dog on a leash, when it bit Ms. Wilt. The dog bit Ms. Wilt without any provocation. As a result of this dog bite, Ms. Wilt had multiple puncture wounds with displaced fat and flesh. These wounds necessitated ambulance transportation to the emergency room for treatment. During her treatment a tetanus injection and antibiotics were administered. The wounds were bandaged for a month and a scar was left. After her accident, Ms. Wilt complained of increased anxiety and trust issues. Ms. Wilt filed a lawsuit against the owners Mr. Tom Montvel-Cohen and Ms. Susan Cohen.

The Lawsuit

The lawsuit was filed in Kings County Supreme Court. Owners admitted to their liability before the trial and the matter proceeded to trial for damages only. During the trial, the jury was presented with an image of Rhodesian Ridgeback dog, for them to understand the extent of Ms. Wilt’s physical and psychological injuries. Ms. Wilt's physician testified to the accuracy of her factual narration regarding the dog bite incident and provided a detailed account of her medical condition, including the nature of her wounds. Her psychologist testified to her increased anxiety and trust issues after the incident. Her psychologist testified that Ms. Wilt was left with "chronic anxiety and fear" and experienced "pretty significant post-trauma symptoms" because of the dog bite. At the conclusion of the trial on damages, the jury awarded Ms. Wilt the sums of $400,000 for past pain and suffering and $200,000 for future pain and suffering. The Defendants appealed jury’s decision for the damages being excessive and contrary to the weight of evidence provided by Ms. Wilt.

The Appeal

During the appeal in Wilt v. Montvel-Cohen, the Defendant’s counsel contended that the physical injury incurred by Ms. Wilt was relatively minor, with no ongoing pain and a small, diminishing scar. The Defendants’ counsel further contended that Ms. Wilt was given no substantial treatment following the emergency room visit. Ms. Wilt complained about her ongoing pain, but no medical evidence was adduced. Defendant’s counsel also argued that Ms. Wilt’s anxiety was a pre-existing condition. There was some evidence that Ms. Wilt was diagnosed with anxiety six weeks prior to this incident, but no medication was prescribed for it. The Appellate Court also noted that Ms. Wilt’s physician who testified for her during the lawsuit was not her treating physician. Therefore, her testimony was declared improper and was deemed inadmissible. The Appellate Court also reviewed similar cases and determined that the damages granted to Ms. Wilt were excessive. Based on inadmissible testimony and comparison of similar cases, the Appellate Court reduced the pain and suffering damages to $250,000 ($150,000 past and $100,000 future).

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