Trial Magazine

Eileen Callaghan, 59, was bicycling with a group on a suburban roadway when a dog breached the electric fence in its owners’ front yard, crashed into Callaghan’s bicycle, and knocked her to the ground. Callaghan suffered a fractured right clavicle, a subdural hematoma, and a subarachnoid hemorrhage. She was hospitalized for four days, followed by inpatient rehabilitation and outpatient therapy.

Callaghan’s medical expenses totaled $115,000. A product designer, she missed approximately six weeks of work, incurring approximately $10,000 in lost income.

Callaghan sued the dog’s owners, Samuel and Karen Allen, alleging failure to control the dog. The defense argued that they had not acted negligently in that the electric fence was operationally sound at the time of the incident and the dog was wearing a working collar.

The parties settled before trial for $425,000.

Citation: Callaghan v. Allen, No. 2019-11620 (Pa. Ct. Com. Pl. Chester Cty. Mar. 10, 2020).

Plaintiff counsel: AAJ member Anthony J. Baratta, Huntington Valley, Pa.