Case details

Mail carrier misdiagnosed with PTSD after dog bite: defense

SUMMARY

$3805

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
being startled, bit right leg, disassociation, fear, having nightmares, hypervigilance
FACTS
On Dec. 30, 2011, plaintiff Amber Judge, 27, a mail carrier, delivered mail to Maria Rivera’s residence, in Lynwood. As Judge was walking away from the property, Rivera’s pit bull escaped her property and bit Judge on her right leg. Judge sued Rivera, alleging that Rivera was negligent for failing to control the dog. Rivera ultimately admitted liability., Judge sustained a bite on her right leg’s shin, below the knee. No paramedics were called to the scene, and Judge was later seen at Bayside Medical Clinic, a worker’s compensation facility in Hawthorne, for a single visit on the date of the accident. Her leg was subsequently examined and the wound was cleaned. Judge testified that the bite mark ultimately healed with a small scar. She also testified that she had some pain, but that it went away within a few weeks. However, Judge claimed that suffered acute stress and post-traumatic stress disorder as a result of the incident. She subsequently saw a therapist for four months and was placed off work for six months. Judge claimed that her symptoms included disassociation, hypervigilance, fear, being startled, and having nightmares. She also claimed that if she thought she would encounter a dog, her symptoms would increase. Although, Judge has not undergone any counseling since 2012, her treating therapist testified that Judge would require more therapy and that Judge would need at least 10 more sessions. Defense counsel argued that Judge was misdiagnosed and that she did not suffer from acute stress or PTSD. Counsel argued that instead, Judge was motivated to not work and was able to receive time off from work. Defense counsel contended that Judge was not a dedicated employee and that there were prior run-ins and disputes with her employer. Counsel also contended that Judge had a prior history of taking time off from work and even took some time off from work for a foot injury that she allegedly suffered a couple of months before the subject accident. Thus, defense counsel argued that Judge should not have had to take time off from work for such a minor bite, which Judge described as a small scratch, since Judge had no physical limitations. Defense counsel noted that during the deposition of the plaintiff’s treating therapist, she said that she had used her own dog, a rescue dog, as a therapy dog for her sessions with Judge. Counsel also noted that during depositions, the therapist explained that she would take the dog into the room and have Judge handle it for longer periods of time, eventually reaching 45 minutes. However, at trial, the plaintiff’s treating therapist testified that the dog was not in the room and that, instead, Judge was only able to point at the dog from a window. Accordingly, defense counsel impeached the therapist with the therapist’s prior deposition.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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