Claire Murtha and Rolf Kroll successfully defended their Mifflin County clients in a three day negligence trial. Plaintiff claimed that our clients’ rambunctious golden retriever was allowed to run nearly free on an exceptionally long lead during a hosted event that was destined to entangle someone eventually. Plaintiff claimed that it was not a question of “whether” someone would become entangled in the leash, but “when” it would happen and to whom. During the party, the golden retriever sprinted amongst the guests and entangled Plaintiff in the lead with sufficient force to fracture his ankle.. This fracture was not in dispute. Plaintiff, a truck driver, lost six months’ worth of wages and introduced evidence of his pain-and-suffering, medical expenses and out-of-pocket loss as well.
Claire and Rolf successfully argued that the long lead (50-feet) did not create an unreasonably dangerous condition of the property. They argued that the law required restraint and that their clients merely complied. The defense focused upon the lack of duty owed to a social guest to alter the otherwise lawful means of restraint simply because of their presence at the party. On this basis, Claire and Rolf argued that neither a warning nor remedy was required. The jury agreed and found Margolis Edelstein’s clients to be free from negligence and returned a verdict in favor of the defendants. The jury informed Claire and Rolf after the trial that they were particularly impressed with their presentation and preparation. Both clients and their insurer were thrilled with the result.
