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DEFENDANT’S Dog attack – Failure to leash dog – Plaintiff knocked to ground – Claimed ankle injury with surgery – Damages/causation only.

Broward County, FL

The plaintiff alleged that the defendant failed to confine or leash his dog, permitting the dog to knock the plaintiff to the ground. The defendant stipulated to negligence, and the case was tried on the issues of damages and causation only.

The plaintiff testified that he was walking his dog on a leash, and the defendant’s dog was loose. The plaintiff contended that the defendant’s dog crossed the street and ran towards him. The plaintiff testified that he stuck out his foot to halt the defendant’s dog, but the animal knocked him to the ground.

The plaintiff was diagnosed with an ankle injury, which he claimed was caused by the incident.

The defendant maintained that the plaintiff’s ankle condition was not causally related to the fall. The defense stressed that after the incident, before the plaintiff sought medical treatment; he was skating and playing ice hockey.The jury found that the defendant’s negligence was not a legal cause of injury to the plaintiff.

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