The case of Kathleen Walsh vs. David and Karen Cohen filed in the Court of Common Pleas of Bucks County, reached a settlement in the amount of $160,000 for the plaintiff.
In the incident in question, Kathleen Walsh, the plaintiff, found herself in an unfortunate and terrifying situation. She was simply going about her day, walking as a pedestrian on the public sidewalk adjacent to the property owned by the defendants. The defendants' property, it should be noted, was not completely secured - a fact that would soon have dire consequences for Ms. Walsh.
Without any indication or warning of what was about to unfold, the gate to the defendants’ backyard was left open. This seemingly small oversight allowed the defendants' three dogs to escape from the confines of their backyard. Unrestrained and unsupervised, the dogs ran down the driveway, their path leading them directly onto the public sidewalk where Ms. Walsh was walking.
The dogs, now on the public sidewalk, proceeded to attack Kathleen Walsh. The attack was sudden and brutal, leaving Ms. Walsh defenseless and caught off guard. She had been merely a passerby, with no provocation or interaction with the dogs prior to the attack. Yet, due to the negligence of the defendants in securing their property and controlling their pets, she found herself in a dangerous and traumatic situation.
Kathleen Walsh attempted to escape by moving into the public street in the hopes that the dogs would stop attacking her but her efforts were to no avail. Each of the three dogs continued to bite at her, jump on her and attack her.
The attack did not conclude until an unknown person was able to pull the dogs away from Kathleen.
Kathleen suffered bites to her right hand, left hand and left wrist, left thigh, left hip and buttocks, some of these wounds became infected requiring in-patient hospitalization and treatment with IV antibiotics. She also suffered shock to her nerves and nervous system as well as anxiety and mental anguish.
These three dogs were negligently and recklessly permitted by the Defendants to become and remain loose and uncontrolled outside the property in violation of Pennsylvania law.
It is alleged that these three dogs, one or each of them, had a history of biting other persons prior to Plaintiff and the Defendants had knowledge of the vicious, dangerous propensities of their dogs and failed to remedy the same which contributed to the causing of this attack upon Plaintiff, Kathleen Walsh.
The Defendants had a duty to confine the dogs within the premises of the home or by other means so that the dogs were under reasonable control of some person.
A settlement of $160,000 was obtained for the plaintiff. Overall, the Kathleen Walsh vs. David and Karen Cohen case serves as a stark reminder of the gravity of responsible pet ownership. It emphasizes that owning a pet is a commitment that extends beyond just love and care, encompassing the safety and well-being of others in our community.
Case Name: Kathleen Walsh vs. David Cohen 2022-03230
Counsel for Plaintiffs Anthony J. Baratta, Esq. - Baratta Law, LLC, Huntingdon Valley, PA
Court Bucks County Court of Common Pleas
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