Man knocked off bike by big dog, injured both shoulders – $475,000 Settlement

Plaintiff, 67, was riding his bicycle on the street in his neighborhood when a 60-pound dog bounded from the property through an electric fence and struck plaintiff’s bicycle, throwing him over the handlebars and injuring his right shoulder. Plaintiff underwent two rotator cuff repairs, but continues to have strength deficits when lifting overhead. There were questions as to whether the electric fence was working properly, the dog was wearing his electric collar, and whether the dog was properly trained to observe the fence. There was no allegation of contributory negligence. A lawsuit was filed and discovery taken. The dog had gotten out of the yard a number of times even with the electric fence on. A settlement was reached with the defendants’ homowners’ carrier. The matter was mediated by F. Bradford Stillman of The McCammon Group, who continued to assist the parties until settlement.

Type of action: Personal Injury

Injuries alleged: Rotator cuff tear with surgery and second repair

Court: City of Suffolk Circuit Court

Name of judge or mediator: Judge F. Bradford Stillman (Ret.)

Special damages: $66,628.77

Verdict or settlement: Settlement

Amount: $475,000

Attorneys for plaintiff: R. Barrow Blackwell, Williamsburg