Dog Bite to Shin

FJVR/JT&T Reference Number: 03/2004 PATRICIA. ANN XXXXX ~. RONALD and JEANNETIE SMAll COUNTY/DOCKET #/JUDGE: Brevard I 05-2001-CA-010542/ Bruce Jacobus

PLAINTIFF(S) ATTORNEY(S): David Gorewitz, Melbourne
Defendants(S) ATTORNEY(S): XXXXX of Terrana, Perez & Salgado, Tampa U

AGE/SEX/OCCUPATION OF PlAINTIFF: 42/ F / Disabled CAUSE OF INJURY: Dog Bite. On February 15, 2001, at 5:30 p.m., Plaintiff alleged that she was bitten on thigh and her shin by her neighbor's Chow in Melbourne.

NATURE OF INJURY: Disfiguring scars to shin; aggravation of pre-existing chronic myofascial pain syndrome. Defendants asserted that there was no evidence of any aggravation and that Plaintiff's therapy and medication, both before and after the incident, was the same.

EXPERT WITNESSES: PLAINTIFF'S:
Gary Weiss, M.D., Neurology, Palm Bay
Doug Weber, D.C., Chiropractic, Melbourne
Gary Vigeant, CNMT, Massage Therapy. Melbourne . ,

DEFENDANTS: Mike Gutman, M.D., Psychiatry, Orlando
Michael Creamer, D.O Physical Medicine/Rehabilitation, Orlando

VERDICT: $197,100 for Plaintiff on January 23, 2004

Demand $150,000
Offer $100,000

$150,000 - past pain and suffering;
$25,000- future pain and suffering;
$20,000 - past medical expenses;
$2,100 - future medical! expenses.

PLAINTIFF’S ATTORNEY’S COMMENTS: Defendants' Proposal for Settlement was for $100,000 and $125,000 before trial; Plaintiffs Proposal for Settlement was for $150,000. Plaintiff shall be seeking an award of attorney fees due to the fact that the final judgment will exceed her proposal for settlement by more than 25%.