Trial News

Alicia Gootee and her partner, Jakob Hooley, lived in a house adjacent to property owned by Michael Hepler. Hepler’s tenant owned a large dog that acted aggressively. The dog tore pickets from a wooden fence, creating holes in the fence that separated the two properties. Although Hepler repeatedly promised to fix the fence, he did not do so despite being told by Hooley that the problem needed to be addressed because the dog had broken through the fence.

One month later, the dog came through the fence and attacked Gootee, who suffered severe injuries, including a torn calf muscle and an exposed tibia. Her medical bills exceeded $90,000.

Gootee sued Hepler, alleging negligence. The plaintiff argued that the defendant had failed to take reasonable precautions to protect third parties from his tenant’s animal, despite actual knowledge of its aggressive behavior.

The jury awarded $165,300, apportioning liability at 30% to Hepler and 70% to the nonparty tenant.

Citation: Gootee v. Hepler, No. 2022CV30645 (Colo. Dist. Ct. Weld Cnty. June 26, 2024).

Plaintiff counsel: Gordon M. Hadfield and Sara K. Stieben, both of Fort Collins, Colo.