PITTSBURGH – A settlement was approved in litigation initiated by a plaintiff who allegedly suffered severe injuries to both herself and her puppy in an unprovoked dog attack.
On Jan. 10, counsel for plaintiff Erin Volpe filed a praecipe to settle and discontinue her case against Daniel Johnston, including both claims and cross-claims. Terms of the settlement were not disclosed in the announcement.
Volpe, of White Oak, initially filed suit in the Allegheny County Court of Common Pleas on Jan. 10, 2018 versus Johnston, of Elizabeth.
On June 13, 2016, the lawsuit stated Volpe was an invited guest of Johnston at his premises, when his greyhound dog Rudy allegedly attacked Volpe while in an “unrestrained and aggressive state.” Further, the litigation contended Volpe’s dog Sherman, a St. Bernard puppy, was also attacked at the same time.
As a result, Volpe allegedly suffered a litany of injuries, including: Multiple dog bites to her face, neck and arms; multiple lacerations and contusions requiring multiple sutures and/or cosmetic surgery; extensive injuries to the bilateral periorbital and pre-maxillary soft tissues; broken bones, including a fractured nasal bone; emphysema in left neck with bilateral neck wounds requiring surgery; emotional and psychological trauma; post-traumatic stress disorder; injury and damage to the jaw; plus a jaw injury resulting in an inability to eat and severe weight loss.
According to the suit, Johnston negligently failed to control, barricade and/or remove Rudy from the premises, along with violation the Pennsylvania Dog Law and/or Dangerous Dog Statute and numerous other charges.
Prior to settlement and for alleged violation of the aforementioned laws and counts of negligence per se, negligence and property damage, the plaintiff was seeking damages in excess of $35,000, in addition to a trial by jury.
The plaintiff was represented by David J. Watson of Balzarini & Watson, in Pittsburgh.
The defendant was represented by Ashley Marie Kral and Terry L.M. Bashline, both also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-18-000374
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com