A Texas jury has rejected a negligence claim brought by a woman who alleged that she had been injured when a dog ran into her from behind at a dog park.
Facts & Allegations
Tammy Sparks, a violin teacher for the Wichita Falls School District, a member of the Wichita Falls Symphony Orchestra and a coach of the Wichita Falls Youth Orchestra in Wichita Falls, Texas, alleged that she was with her husband and their two dogs, in the “large dog” section of a dog park in Wichita Falls when a 45-pound female boxer named Riley, belonging to Bethany Windal and her husband, ran into her from behind at full speed and she fell and broke her wrist.
Ms. Sparks sued the Windals on theories of negligence and strict liability. The negligence theory was that Riley had been out of control that day and that the defendants had negligently failed to restrain her and handle her properly. Ms. Sparks alleged that Riley had jumped up on several people that day, including her own husband.
Ms. Sparks further alleged that Riley had dangerous propensities and that the Windals were therefore strictly liable. The trial court, however, dismissed that claim on summary judgment, finding that there was no evidence that the dog had dangerous propensities.
Regarding the negligence claim, the defendants contended that Riley had been behaving no differently than the many other dogs in the park, and that Ms. Sparks had been negligent for standing with her back to the dogs and failing to keep a proper lookout. The defense also questioned the allegation that Riley had jumped on anyone that day.
Ms. Sparks sought a little more than $12,000 in past medical bills and sought damages for past and future pain and suffering, physical impairment and disfigurement. She sought a total of $75,000.
Result
The jury found Ms. Sparks alone negligent.
The case is Sparks v. Windal, No. 177,243-C (Tx. Wichita Co. Jan. 14, 2016). Attorneys involved include: Plaintiff Attorney(s): Carolyn A. Ostovich; Ostovich & Associates; Wichita Falls, TX, for Tammy Sparks; Defense Attorney(s):Richard E. Harrison; Harrison & Hull; McKinney, TX, for Brian Windal, Bethany Windal; Matthew R. Mumm; Harrison & Hull; McKinney, TX, for Brian Windal, Bethany Windal.
FC&S Legal Comment
This report is based on information that was provided by defense counsel. Plaintiff's counsel did not respond to the reporter's phone calls.
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].