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00:00Dog bites are traumatizing.
00:03Now, on Tribunal Justice.
00:05The dog is jumping, snapping, and that's when he bit me.
00:09I still believe that it is partly on her.
00:13So tell me what she should do, stay home?
00:15He had never done that before.
00:16That's a you problem, not a her problem.
00:20You had to put him down, is that correct?
00:22Yes.
00:46Today's case was filed in Dade City, Florida.
00:49The honors is case number 3043 on the calendar in the matter of Johnson v. Pullen.
00:55Thank you, Bert.
00:55You're welcome, Judge.
00:56Parties have been sworn in.
00:57You may be seated, sir.
00:59Have a seat.
01:00All right, Ms. Johnson, you were walking on the sidewalk
01:03when the defendant was walking her dog and the dog bit you.
01:06Yes.
01:07And you missed work.
01:09You're also suing her for the out-of-pocket expenses
01:12and also a substantial amount of money for pain and suffering.
01:15Yes.
01:15Which you say you sustained as a result of this bite.
01:18You're seeking $5,000.
01:20Ms. Pullen, your defense is twofold.
01:23One, that she was walking too close to the dog.
01:26And two, her injuries were minor,
01:28and so her request for damages is disproportionate to that.
01:32In any event, you owe her nothing.
01:34Yes, ma'am.
01:34So let's put up the picture of Brady.
01:36What type of dog?
01:38A Black Lab mix.
01:39And what's it mixed with?
01:41I'm not sure.
01:43Really?
01:43That's unusual for pet owners.
01:45Does your significant other know?
01:47I don't know.
01:47What's it mixed with?
01:48He was a Black Lab, a Staffie, and a Pitbull.
01:52Yeah, see, I knew you were going to say that
01:54because people are always hesitant when their dogs bite someone
01:58to admit that it's a Pitbull mix.
02:01Right off the bat, you start off in a bad place
02:03when you're not candid, just to be honest with you.
02:05So how long had you owned the dog?
02:07At that time, we had gotten him in March of the previous year,
02:11so about a year and a half, I believe.
02:14All right.
02:14So now let's put up the photograph of 10.
02:17And was that the area where you were walking, Ms. Johnson?
02:20Yes, ma'am.
02:21Okay, so why don't you start by showing us
02:23where your house was, if you can.
02:26So my house is about five houses down from the corner.
02:30Mm-hmm.
02:30So I came out my house because my son was playing.
02:33I told him to come inside when the sun started going down.
02:36He did not answer his phone.
02:38So I went out to get him.
02:39I'm walking down my street.
02:41This is the stop sign.
02:43I come to the stop sign and take a right.
02:45As I'm walking, I see her dog about 25 feet in front of me.
02:52Her dog immediately sees me and starts barking.
02:56She was in the sidewalk, in the grass, picking up his poop.
03:01Mm-hmm.
03:01And he sees me and immediately starts getting agitated.
03:04He started barking.
03:05And I moved further to the right-hand side of the sidewalk.
03:11Let me pause you a second.
03:12Is that true?
03:14Yes, I was turned, the grass is over here with my right hand.
03:17I was, I had the bag and I was trying to clean up.
03:19Your left hand was with the leash.
03:21In the leash, yes, ma'am.
03:22So how long was your leash?
03:23I don't know the exact measure, maybe five, six feet.
03:27It's like a standard rope leash.
03:29And I had the handle on and then I had it wrapped around my wrist a couple times.
03:33So he was maybe this amount away from me.
03:35He was still on the sidewalk.
03:37Mm-hmm.
03:37So he was on the sidewalk.
03:39I was somewhat on the sidewalk and the grass was here.
03:41So we were taking up most of that area.
03:43Okay.
03:43Is that accurate, ma'am?
03:44Right.
03:45So as I'm still approaching, the dog is jumping, snapping, agitated.
03:50And as I'm passing, he snapped up again and that's when he bit me.
03:55Accurate?
03:56I believe that it occurred when she was like directly next to us.
03:59I don't believe that she had passed and cleared us completely.
04:02All right, so that's what you think.
04:03Well, she's not saying she cleared you either.
04:04Yeah.
04:04But okay, so the dog then bites your calf.
04:07What happens to you at that moment?
04:08At that moment, I screamed.
04:10Okay.
04:10I screamed.
04:11It was a lot of pain.
04:12So I immediately just screamed and yelled.
04:15Let's show plaintiff's one.
04:17Is that the bite that you received?
04:19Yes, ma'am.
04:20And then is that during the recovery stage?
04:23Yes, ma'am.
04:24So were you limited in what you could do after the bite?
04:26I was.
04:27After the initial bite, I could not move.
04:29My legs started to numb.
04:31You were treated at the hospital.
04:32They gave you a tetanus shot and they gave you some medication.
04:35Yes, ma'am.
04:35How much work did you miss?
04:37Two days.
04:38Now, did you attempt to get some money from the defendant as a result of this?
04:42Yes, ma'am.
04:42On Exhibit 5 in the text messages between me and the defendant,
04:47you can see where I actually reached out to her.
04:50I did see that where you say, call my lawyer, basically, right?
04:54You did not want to give her any remuneration for her expenses.
04:57Is that correct?
04:58At the time of the incident, right when it occurred,
05:00I did tell her we would cover any medical expenses.
05:03Did she tell you that?
05:04She did.
05:05Okay.
05:06And then I was not contacted again until it was through a lawyer.
05:09And then at that point, I was recommended by friends of mine who were lawyers
05:12to say that any communication should go through legal counsel
05:15as to not put myself in a bad situation.
05:17And then you do say that here.
05:19My legal counsel sent a demand letter to your homeowners.
05:21They said they don't cover that.
05:23You respond, hello.
05:24After further consideration, I'm open to discussing potential reimbursement
05:28for any medical fees directly incurred for this incident.
05:32Given the minimal nature of the injury, we'd like to keep the focus on covering specific
05:36medical expenses rather than a broader settlement for pain and suffering.
05:39Can you please provide any medical documents, et cetera?
05:43She has a permanent scar on her leg.
05:45Would you agree?
05:46Yes.
05:46Okay.
05:47Do you think that that is something that a young woman like her, statuesque, beautiful,
05:53nice legs would really want to walk around with a scar on her leg?
05:56No, I presume she does not.
05:58I also don't believe that it is due for the $5,000 of pain and suffering for something that minimal.
06:06It's minimal.
06:07Why?
06:07Because she didn't have like a chunk of her leg pulled out.
06:12Coming up on Tribunal Justice.
06:14I'm just curious.
06:15What was the amount that you were looking for?
06:17$1,500.
06:18$1,500?
06:20You know what a jury would have given her for that?
06:27Samantha Johnson claims a ferocious attack from Riley Pullen's dog left her scarred for
06:32life.
06:32She's suing for $5,000 in medical bills, lost wages, and pain and suffering.
06:37But Riley says Samantha's injury wasn't as severe as she's claiming, and she's just looking
06:42for an easy payday.
06:43Do you think that that is something that a young woman like her, statuesque, beautiful,
06:49nice legs would really want to walk around with a scar on her leg?
06:53No, I presume she does not.
06:54I also, I don't believe that it is due for the $5,000 of pain and suffering for something
07:02that minimal.
07:03It's minimal.
07:04Why?
07:04Because she didn't have like a chunk of her leg pulled out.
07:07Yeah.
07:08From what I could see at the incident, I did not see any blood.
07:11The paramedic told me that she was putting on a show and that the bite looked like a
07:14five to ten pound dog did it.
07:16Well, okay, let me stop.
07:18A five to ten pound dog did it.
07:19Is your dog visibly five to ten pounds?
07:21No, he's not.
07:22He was saying that's the size of the...
07:24No, no, stop a second.
07:25Because there are some reports in the file, animal control report.
07:29There's a scale.
07:30It's called the Dunbar scale.
07:31And that's a scale of the radius of dog bites, beginning with the dog just growling and being
07:36aggressive to a dog actually mauling and killing someone.
07:39On this six level scale, this bite was a four, meaning that it broke her skin and that the
07:47depth of some of those marks were at least half the length of the dog's tooth.
07:52So let's dispel the notion that some paramedic that shows up says, oh, that doesn't look too
07:57bad to me because I have to tell you, having a dog bite you is at the least traumatizing.
08:04Would you say, Ms. Johnson?
08:05Yes, ma'am.
08:06Every day I have to relive it because the scar is still there.
08:10I mean, having been bitten by a dog with one bite, my whole body was shaking that day,
08:17shaking as a result.
08:19You know, when I walk past a dog now, I'm still very careful when I see that, especially
08:23if I see growling.
08:24Now, what did you end up doing with Brady?
08:26What happened here?
08:29So, unfortunately, after this incident, he started showing more aggressive behaviors.
08:39He had never done that before.
08:41This was the first incidence of any aggression.
08:44And so we got a shot caller.
08:46We got a muzzle to try to do all of these things.
08:49And then it was actually in November.
08:53He was at my parents' house who he went to be able to play and stuff during the day
08:57while we were at work.
08:59And through the fence, there was...
09:01He bit another dog, correct?
09:02Yes.
09:03He bit another dog's nose, and that dog required stitches.
09:06Yes.
09:06As a result of that second bite, you had to put him down.
09:09Is that correct?
09:10Yes, that's correct.
09:11And who put him down?
09:12We did.
09:13We had a vet who came to the house.
09:15Came to the house and put him down?
09:16Yes.
09:17Okay.
09:17Thank you very much.
09:18And I'm sorry that you had to do that because I do know that that's painful no matter
09:21what you see.
09:22It's like saying you have a bad kid, and you say, yeah, but I still love him.
09:25I get it.
09:26Judge Levy?
09:28So, Ms. Pullen, if I understand you correctly, after your dog viciously bit the plaintiff,
09:34he started showing additional signs of aggression?
09:36Yes.
09:37Yes, that's correct.
09:37And that's when you decided to put a shot caller on him?
09:41Yes.
09:41Showing additional signs of aggression by you on your dog, as opposed to simply getting
09:46your dog some behavioral modification therapy?
09:49So, there was a vibrate function, and we did that, and any time he showed any inkling
09:54of a growl or anything, we did that, and it would correct his behavior.
09:57You're not your dog behavioral therapist, are you?
09:59I'm not claiming to be, no sir.
10:01Right, exactly.
10:01It was more of a rhetorical question.
10:03Who's the gentleman sitting to your left?
10:05That's my husband.
10:06Okay.
10:06You can step up.
10:07Why didn't you decide, after the first bite, to have an expert come in and to provide
10:13some type of treatment for him so that he'd be safe around other people and other dogs?
10:18Um, we are on one income.
10:21He's never shown any sign of aggression until this happened, and we don't have the funds
10:27to, unfortunately, you know, pay for something like that.
10:31Listen, it's a big financial responsibility, because in your state, its strict liability applies
10:35to dog bite cases, you know that, right?
10:37Yes.
10:38And I don't want to ruin anything, but my sense is that what you're going to end up having
10:43to pay in this case is going to be a heck of a lot more than what you would have
10:47paid
10:47to treat your dog with love and respect by getting a professional dog trainer in there.
10:52You hear what I'm saying?
10:53Yes, I hear you.
10:54Because you were there.
10:55You saw that bite mark, right?
10:56Can we put that up, 01, please?
10:59I'm just curious, what was the amount that you were looking for?
11:02$1,500.
11:03$1,500 bucks?
11:06$1,500 bucks?
11:07You know what a jury would have given her for that?
11:10A heck of a lot more than $1,500 bucks.
11:13Respectfully, I was going off of the information that I had at the time.
11:16I've never been...
11:17You had this information.
11:18I did not.
11:19I never saw that picture until minutes ago.
11:21And the reason you didn't have that information is because you chose not to ask for it.
11:24That's not her fault.
11:26That right there is worth pain and suffering and emotional distress.
11:30That's a you problem, not a her problem.
11:34Coming up on Tribunal Justice...
11:37I'm not trying to excuse what happened.
11:39You are trying to excuse it.
11:40And you should have crossed the street.
11:41Ma'am, ma'am, please quiet down.
11:44But I'm going to repeat what she just said.
11:46Maybe you should have crossed the street.
11:52Samantha Johnson says she has a permanent scar after Riley Pullen's dog viciously bit her.
11:58She's suing for $5,000 in medical bills plus pain and suffering.
12:02Riley claims Samantha is overreacting and she's also to blame for aggressively approaching her dog.
12:08According to your complaint, you say on September 11th, the day after this incident, you called an attorney.
12:13Yes.
12:13I want you to tell me what that lawyer said.
12:16She said in the state of Florida, if the dog bit me on the public property, which is the street
12:21sidewalk,
12:22homeowners insurance does not have to cover the bite.
12:25Do you understand what that really means in context?
12:28To me, it means you just out of luck.
12:30You just...
12:31No.
12:32Cassandra?
12:34She's looking for her payday.
12:35She's trying to go for the big dog, not the little dog.
12:38And that's why she didn't want your case.
12:40Right?
12:40Right.
12:41So you got liability locked in.
12:43$50,000.
12:44Mm.
12:45$50,000.
12:46And she's supposed to get a third of that judgment.
12:49Yes.
12:49But that judgment is going to be uncollectible because they don't have the money.
12:52Did she explain that to you?
12:53No.
12:53That's why lawyers have bad names.
12:55Judge Acker.
12:56Thank you, Judge.
12:57Ms. Johnson, may I just see your leg?
13:00Yes, ma'am.
13:01And can we please put up on the screen the photograph of the plaintiff's injury five months after the incident?
13:10Can you point to it, please?
13:12Yes, I can.
13:13It's so apparent.
13:15Thank you, ma'am.
13:16Are you treating it?
13:17Are you doing anything for it?
13:18Because I think a scar on darker skin takes a long time to heal.
13:23You're going to have that scar for some time, unfortunately.
13:27Absolutely.
13:27And I'm quite sorry about that.
13:30Ms. Pullen, I'd like to dig into your defense a bit.
13:32I'm just going to quote you.
13:34I do not owe the plaintiff anything because she could have prevented her injury.
13:40So tell me what she should do.
13:41Stay home?
13:42No.
13:42So what I was saying was in that situation, my hands were full.
13:45I had the dog.
13:46I'm not trying to excuse what happened.
13:49You are trying to excuse it.
13:50And you should have crossed the street.
13:51Ma'am, ma'am, please quiet down.
13:53But I'm going to repeat what she just said.
13:55Maybe you should have crossed the street.
13:57Maybe you should have kept better control of your dog.
14:00Now, in your answer, you said something I found so curious.
14:03You said, Samantha approached us with her arms crossed.
14:08What does that even mean?
14:09Is she supposed to walk in a straight line to make sure that she doesn't scare your dog?
14:13I was racking my brain and I thought that that's the only thing I could think is maybe
14:18because her arms were crossed, he thought to be defensive.
14:20That was my only reasoning I could try to think of because he had never done that before.
14:24I was in no way trying to blame her.
14:26I'm a dog owner.
14:27I love my dogs.
14:29It would tear me up if I had to put them down.
14:31But I also cannot imagine being so callous as to see my dogs attack somebody and say,
14:38oh, that's minor.
14:39You should have just gotten out of my way.
14:41I understand we have an expert witness.
14:44Good morning, ma'am.
14:45Could you please state your name for the record?
14:48Tiffany Beamer.
14:49And what do you do, ma'am?
14:50I'm a veterinary technician and also teach puppy training classes.
14:55How many years have you been in practice?
14:5820.
14:59And have you listened to the testimony thus far?
15:02I have.
15:03You heard the defendants testify about their efforts to correct the dog's behavior after
15:09the attack.
15:10Do you have any professional opinion about those tactics?
15:13I agree with what the judge was stating as far as, you know, placing a shock collar if
15:20the shock was used or not can actually create more anxiety and sometimes, you know, make
15:28them more in defense and become more aggressive.
15:31You know, a muzzle is definitely good if you're trying to prevent these bites, but without
15:37proper training, positive reinforcement, that's what I would have done.
15:44As a dog trainer, what would be your recommendation for how to best handle or manage a situation
15:51when you have a dog that seems to be demonstrating aggressive behaviors such as this?
15:55I would not take him out in public when other people are usually walking around.
16:04You can take them out either very early or very late, you know, just to try to avoid people
16:10and situations.
16:11Thank you, ma'am.
16:13My colleagues may have other questions for you, but before I pass the case, just so we're
16:18clear, when I read your answer and you say things like the plaintiff could have avoided
16:23it, are you pulling back a bit from that now, now that you see the extent of her injuries?
16:28I still believe that it is partly on her for that, yes.
16:32It's still your defense as you stand here today.
16:35Or again, you know what, ma'am?
16:36You know what, Ms. Johnson?
16:37Maybe you should just stay home and ask for permission to leave the house.
16:41I have nothing further.
16:42One question I have for you.
16:44The dog was euthanized, obviously.
16:46Before euthanization, are there things that people usually do in order to prevent euthanization?
16:53Yes, absolutely.
16:55We never just jump right to behavioral euthanasia.
17:00It's something that does happen.
17:01But we do always recommend training, first and foremost, and sometimes some drug therapies,
17:11depending.
17:11I thank you very much for your time.
17:13I don't have any further questions of anyone.
17:16I don't know if anybody else does.
17:17I just want to clear up the record, though.
17:19Ms. Johnson, prior to coming in today, you, like the defendant, presented the court with
17:23evidence to support your request for medical expenses and lost wages.
17:27Did you not?
17:28Yes.
17:29We have those, and we'll be looking at those in back.
17:31Okay, thank you very much.
17:32Sir, you can resume your seat, and we will try to deliberate at this time.
17:37Court stands in recess.
17:38This case will be recalled.
17:39Parties are excused.
17:40You may step out.
17:50I really feel for her.
17:52I think her pain and suffering is real.
17:54I'm telling you, I had a bite much less than that, and literally, you start to shake because
18:00your body is in shock from what's happened.
18:02And she has keloids.
18:04She has a scar.
18:05And I'm going to tell you, it's going to be for life.
18:07I don't care what creams she's putting on and how she's treating it.
18:10And the pain and suffering, not only just now, but at the time of the incident, and
18:14then having to deal with the, I don't want to pay you, I don't think you deserve to have
18:18any money, have a lawyer call me, I think was above and beyond what she needed to go
18:22through on top of this incident, having done nothing at all to provoke this or prompt any
18:28kind of bite.
18:29So I'm willing to not only reimburse her for her out-of-pocket medical, which was about
18:33$284, her lost wages, which was $400 and something, but I think above and beyond that, her request
18:39for pain and suffering was too low.
18:42She did not speak with an attorney who properly advised her, and I therefore feel we should
18:47elevate that amount to $10,000 and pay her for what truly happened here.
18:52I couldn't agree more.
18:53The emotional scar is going to be with her for the rest of her life.
18:57You know, the defendants, they started off doing the right thing when they adopted a
19:01rescue and probably were showing certain signs of aggression.
19:05Yeah, I kind of feel that, too.
19:07I think it's fair to say that this dog just didn't start after they had it for one and
19:10a half years to start showing signs of aggression.
19:13You've got to get it socialized.
19:14You've got to bring in an expert to assist with some type of behavioral therapy.
19:18And you know what?
19:19If you don't have the money to do that...
19:21You shouldn't have a dog.
19:22Bingo.
19:23Right on.
19:23And I also thought that their defense was pretty outrageous.
19:26I mean, to suggest that, one, it wasn't so bad, and two, it was her responsibility
19:32to dodge their animal, I thought that was pretty preposterous.
19:36And you couple that with the, you know, I don't know if you guys picked up on this, but
19:39it was almost like they were trying to blame the plaintiff for the subsequent incident that
19:44resulted in the dog.
19:45But then she was like, hey, they were triggered.
19:46Yeah.
19:47Like, the dog was triggered.
19:48I thought their position was preposterous.
19:50And I absolutely agree that she's entitled to everything that she can be awarded in this courtroom.
19:54So good.
19:5510,000, and we're all unanimous.
19:57Great.
20:02Court is back in session.
20:03Parties are reminded you're still under oath.
20:06Thank you, Bird.
20:07Dog bites are traumatizing.
20:10I know that feeling.
20:11I know that experience.
20:12And we were very, very sympathetic and empathetic to the plight that you endured from the moment
20:18of this bite and how it has a lasting impact.
20:21I'm sure you have a certain pride when you walk into a place.
20:24And now to feel that you have this keloid bite mark on your leg is really a very difficult thing
20:30to live with.
20:31And I think you are going to be living with it no matter what you try to treat it with.
20:35And listen, nobody wants to put their dog down.
20:37Nobody wants their dog to be vicious.
20:39Nobody wants bad behavior.
20:41Bottom line here is there was really no, no defense that you could have interposed to
20:48prevent you from at least accepting her initial offer of $1,500.
20:52That would have ended it.
20:53But not only are we willing to give you the amount of money that you've requested as relief
20:58in this case for your injuries, but we are well aware that there are many more things
21:03that you could do both to heal yourself physically or that you could do to use additional money.
21:08And so we're going to give you $10,000.
21:12We are going to reward you $10,000 in this matter.
21:15And that is the unanimous verdict of this court.
21:20The court is not concluded.
21:22Parties are excused.
21:22You may step out.
21:26I probably could have guessed how it was going to go down.
21:29Don't blame somebody else for an injury that could have been avoided had you crossed the street.
21:34I stand by our decision and what we could do at the time, and we loved him very much.
21:38And so to have that questioned was very difficult.
21:42I cringe when I see a dog now.
21:44We're on his income.
21:45I'm a full-time student.
21:46I'm working 40-hour weeks and paying to go to school.
21:49Apparently, that's my fault, too.
21:51Are you being sued?
21:53Let Tribunal Justice decide your case.
21:56Find us on social media at Tribunal Justice.
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