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