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DAMIAN K.
BOWEN, A MINOR BY AND THROUGH HIS NEXT FRIEND,
PARENT AND GUARDIAN, JOHN K. BOWEN v. DONALD S.
SANDERS, SR.
State Court of Rockdale County
Civil Action File No. 88-SV-1119
A Rockdale County jury awarded $76,000.00 to a
16-year-old who alleged that a pit bulldog chewed
off part of his calf during a visit to a friend in
1986.
A 1988 lawsuit filed on behalf of Damian K. Bowen
had alleged that hte dog, owned by Donald S.
Sanders, Sr., was not on a proper leash during the
September 23, 1986 incident and that Sanders knew
the dog had a vicious nature.
The injury left Bowen with permanent scarring.
Sanders’ attorney argued that the dog was on a
proper leash in the Sanders’ yard at the time of the
incident and that Sanders had never been told that
the dog, who is a mixed breed, had ever bitten
anyone before.
Genevieve L. Frazier, Sanders’ lawyer, added that
dog owners cannot be held liable for the first
incident in which their dog bites someone unless the
dog is in violation of a leash law.
Ms. Frazier said she plans to ask Rockdale State
Court Judge Sidney Nation to set aside the judgment
and will appeal the case. She said that while
Sanders did not know of any previous bites by the
dog, hearsay evidence was wrongly allowed into the
case. The hearsay evidence, she said, was that
Sanders himself, had been told about a previous
bite.
"This case makes every parent responsible for what
their child does," Ms. Frazier said.
In a document answering the suit, she argued that
any damages were the result of Bowen’s voluntary
assumption f the risk of the alleged injuries and
damages claimed.
Attorney Robert A. Falanga, however, said the dog
had been trained to fight and have a vicious nature.
He said he felt the award was one which will send a
strong message that the community needs to hear.
"I told the jurors that they could be part of the
problem or part of the solution," he said after
award was announced. "I think the award is large
enough to send a message to the community," he
added.
The award was handed down late Thursday morning by a
jury of 10 men and two women in Rockdale State
Court. Juror had deliberated about three hours.
The lawsuit asked for more than $150,000.00
including more than $100,000.00 for pain and
suffering and more than $50,000.00 in punitive
damages in addition to any other relief deemed
necessary by the court.
The incident occurred at the Sanders home on Almand
Road at a time when the victim was 13-years-old.
Falanga added that the matter went to trial after he
declined a $6,000.00 settlement offer from the
defendant. The trial lasted three days.
Attorney: Robert A. Falanga
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