Trial Magazine

Nancy Simpson, 73, a cancer survivor who had her tongue removed, lived independently at the White Oak Townhouses. Although she could not speak, she was able to communicate by texting or writing on a white board with her right hand. Early one evening, she left her apartment to retrieve her mail. On her way back, she passed a 115-pound male pit bull in the townhouse community’s parking lot. The dog lunged at Simpson and attacked her viciously.

Simpson suffered a near-amputation of her right arm, bite injuries to her right thigh, and bruising. She underwent surgery and was hospitalized in an intensive care unit, incurring $42,000 in medical expenses. She had to live with her son after the incident and experienced pain, flashbacks, exacerbation of preexisting medical conditions, and decreased mobility until her death several months later.

Suit against White Oak Townhouses, Inc. alleged that it negligently allowed a pit bull to be housed in one of its apartments, subjecting tenants to attack while walking outside in a common area.

The parties settled for $850,000.

Citation: Simpson v. Powers, No. 20-C-118-WS (W. Va. Cir. Ct. Mercer Cnty. Nov. 2, 2022).

Plaintiff counsel: AAJ member H. Truman Chafin, Williamson, W. Va.