Dog Bite a p.c.
<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0><script> (function(i,s,o,g,r,a,m){i['GoogleAnalyticsObject']=r;i[r]=i[r]||function(){ (i[r].q=i[r].q||[]).push(arguments)},i[r].l=1*new Date();a=s.createElement(o), m=s.getElementsByTagName(o)[0];a.async=1;a.src=g;m.parentNode.insertBefore(a,m) })(window,document,'script','//www.google-analytics.com/analytics.js','ga'); ga('create', 'UA-47423994-1', 'fortunecity.ws'); ga('send', 'pageview'); </script> <center> <br> <div> <script language="javascript" type="text/javascript" src="http://ad.broadcaststation.net/ads/show_ad.php?width=728&height=90"></script> </div> </center> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" colspan=2 height=80 BGCOLOR="#000000" TEXT="#F7F7FF" bgproperties="fixed" background="09600500dvldtc.gif"> <div> <B>Dog Bite a p.c. </B></div> <div> Melissa Craib vs Evelyn Meneghin / DBA Emrald Trails Campground </div> </td> </tr><tr> <td valign="top" width=210 BGCOLOR="#000000" TEXT="#F7F7FF" background="097d2c00dvldtc.gif"> <div> <A HREF="mailto:Dogbite@lvcm.com" TARGET="_top" TITLE="mailto:Dogbite@lvcm.com"><U><IMG SRC="1caafab0.gif" border=0 width="175" height="171" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A></div> <div> Email us above</div> </td> <td valign="top" height=400 BGCOLOR="#000000" TEXT="#F7F7FF"> <div> <A HREF="id2.htm" TARGET="_top" TITLE="Animal Bite Reports"><U>Animal Bite Reports</U></A></div> <div> <A HREF="id3.htm" TARGET="_top" TITLE="Medical Reports"><U>Medical Reports</U></A></div> <div> <A HREF="id51.htm" TARGET="_top" TITLE="Medical Bills"><U>Medical Bills</U></A></div> <bR> <bR> <div> <B>COUNTRY INSURANCE</B></div> <div> <B>Certified Letter of Demand</B></div> <bR> <div> <B>To : Marilynn McMahon</B></div> <bR> <bR> <div> Claim No.: 105-0020223</div> <div> <B>Your Insured: Evelyn Meneghin DBA Emerald Trail Campground</B></div> <div> Our Client: Melissa Craib</div> <div> Date of Dog Attack: May 2, 2001</div> <bR> <bR> <div> <B><U>STATEMENT OF FACTS:</U></B> </div> <bR> <div> On May 2, 2002, Melissa Craib and husband, Robert were paying <I>lodgers</I> at Emerald Trails Recreational Park. Emerald Trails is a privately owned commercial business which makes its revenue from camp sites and RV hookups. Management permits its <I>lodgers</I> to bring their pets to the campground which sits on a twenty (20) acre lake. Melissa Craib's RV camp spot was only feet away from the campground management's RV camp spot. Approximately, 20 yards from the Craib and Management camp spots lodged Moe and Rita Miller. Approximately 17% of the <I>lodgers</I> at this campground had stayed over one (1) month while the balance of <I>lodgers </I>visits were shorter. The Millers had been at the camp ground for at least seven (7) months before </div> <div> the dog attack incident. The culprit dog, was a full grown, six year old, Great Dane. The Millers had a very small RV and they either kept the Great Dane in the trailer or tied up outside it. The dog exhibited vicious traits. The dog was always aggressive especially when tied up. When people or other dogs would walk by the dog, it would constantly bark with fangs bared, pulling with all its strength at its tether. The Millers were watchful not to let the dog off leash because of its aggressive traits, although on many occasions the dog was off leash on the campgrounds. For the Craibs and Park Management it was general campground knowledge to look for <I>Abby</I>, when walking by the Miller spot to make sure it was tied up and not loose - always a concern since other <I>lodgers</I> didn't want an unplanned run in with the Great Dane. This was exactly Melissa Craib's fear. Melissa was always careful to avoid the dog. Every time, Melissa had to walk by the Miller site, and the dog was tied outside which was the usual, the dog became aggressive. On the date of the dog attack, its owner had the dog on lease just outside the RV. The dog upon seeing Melissa became aggressive even on its owners lease, and because the owner could not control the dog, quickly placed the dog in the trailer. Shortly thereafter, Mr. Miller drove his car up to the RV site and upon getting out of the car, the dog bolted through an unlocked trailer door and it made a beeline for Melissa Craib, jumping up and bitting at her stomach. Mr. Miller quickly retrieved the dog. Melissa Craib became hysterical from the dog attack. The basis of this claim is for psychological injury. </div> <bR> <div> The dog attack tore claimant's shirt and caused a slight mark across the length of her stomach. Will County Animal Control did an investigation and quarantined the culprit dog. </div> <bR> <div> <B><U>THEORY OF RECOVERY:</U></B> <FONT SIZE="3" COLOR="#FFCC66" FACE="Arial" > </FONT></div> <bR> <div> The theory of recovery is negligence. The doctrine of <I>respondent superior </I>attaches liability to the owner of the property because of the acts or failure to act of an owners' employees, agents and servants. The Park Management had actual knowledge of this dog and its aggressive and vicious traits. The Great Dane was tied up throughout the days without protection from exposure for months just 20 yards outside management's residence. Management walked past this dog and observed it for months. It was known by management that the culprit dog was not infrequently off leash on the campgrounds and yet they made no effort to protect other paying <I>lodgers</I> from the danger it posed. The law imposes a heightened standard of care on a property owner whose business is to provide safe lodging to their paying guests. The authority to correct or remedy such a condition posed by the culprit dog is solely in the power of the management and failure to do so in a reasonable period imposes liability. Management had months to remedy the condition but choose to take the dog owners money for lodgment rather than protect the safety of its other paying <I>lodgers.</I></div> <bR> <div> <B><U>MEDICAL TREATMENT:</U></B> </div> <bR> <div> The night following the dog attack, Melissa Craib was distraught and uncontrollably cried. She had difficulty sleeping and suffered from recurring nightmares from this Great Dane attack. Claimant stopped leaving the trailer for fear of being attack, became anxious and depressed. A health appointment was made with family physician, Dr. Kencos of the St. John Health Center. She was examined on May 8, 2002 and was prescribed Alprazolam and again examined on May 26, 2002. The chart note dated May 8, 2002, the patient had "sleeping difficulties, difficulty concentrating, withdrawn and nervous, insomnia and anxiousness." The chart note dated May 26, 2002, notes a referral to a psychiatric for Post Traumatic Syndrome PTS, and that the patient reported nightmares and would only leave the RV if accompanied by her husband because she was very afraid. Upon examination the patient was noticeably in distress and anxious. A referral was made by the family doctor to Board Certified Psychiatrist and Neurologist, Daniel D.S. Kim, MD. On June 19, 2002, Melissa Craib was examined by Dr. Kim. Treatment comprised consuls, prescribed drugs. The prescribed drugs require monitoring under the supervision of a psychiatrist. The charges are reasonable and necessary for the treatment rendered by Dr. Kim. Dr. Kim has slowly decreased the medication regime over months and as recently as July 15, 2002, the patient was taken off medications completely. Dr. Kim's report states that the patient "suffered from flashbacks of trauma, nightmares, anger, fear and trouble sleeping." The diagnosis was Posttraumatic Stress Disorder caused by the May 2, 2001 dog attack.</div> <bR> <div> <B><U>MEDICAL BILLS:</U></B> </div> <bR> <div> The dates of treatments and incurred medical specials are as follows:</div> <bR> <div> Primary Care Physician, Dr. Kencos, May 8, 2001 $ 65.00</div> <div> May 26, 2001 49.00</div> <div> Psychiatrist Dr. Kim, June 19, 2001 150.00</div> <div> June 14, 2001 55.00</div> <div> August 11, 2001 55.00</div> <div> October 27, 2001 55.00</div> <div> November 24, 2001 55.00 </div> <div> December 29, 2001 55.00</div> <div> Prescribed Drugs:</div> <div> Paxil (depression GlazoSmithKline) 91.99</div> <div> Alprazolam 51.05</div> <div> Zoloft (depression) <U>490.74</U></div> <bR> <div> <B>Medical Specials: $1,172.78</B></div> <bR> <div> <B><U>OUT OF POCKET DAMAGES:</U></B> </div> <bR> <div> Mileage to and from doctors and pharmacies is 420 miles @ .345 a mile = <B>$144.90</B></div> <bR> <div> Robert Craib loss time from his employment to care for his wife. The loss of money is as follows:</div> <bR> <div> May 3, 2001 8 hrs. x $21.60 = $202.55</div> <div> May 4, 2001 8 hrs. x $21.60 = $202.55</div> <div> May 8, 2001 4 hrs. x $21.60 + 1 hour overtime = $116.15</div> <div> June 19, 200 4 hrs. x $21.60 + 1 hour overtime + $116.15</div> <bR> <div> <B>Out of Pocket Specials: $782.30</B></div> <bR> <div> <B>Total Economic Damages: $1,955.08</B></div> <bR> <div> <B><U>GENERAL DAMAGES:</U></B></div> <bR> <div> Valuation Points:</div> <bR> <div> (1) the dog attack was a traumatic event; </div> <div> (2) Posttraumatic Stress Disorder </div> <div> (3) Pain & Suffering: (resulting trauma, nightmares</div> <div> fear, anxiousness, depression injuries;</div> <bR> <div> Injuries that are psychological may be far more injurious than physical injury which may leave a noticeable physical scar, but far worse are scars in one's memory and mental psyche. Such an injury warrants a larger general damage claim than an injury that leaves an ugly physical scar. The injury caused claimant to undergo regime of anti-depressants which affects brain chemistry. The patient treated with the psychiatrist from June through December, 2001 (7 months) and finally was taken off the anti-depressants in July 2002 (14 months after the incident). </div> <bR> <div> <B>General Damage Claim: $10,000.00 </B></div> <bR> <div> TOTAL DAMAGES CLAIMED: <B>$11,955.08</B></div> <div> </div> <bR> <div> <B><U>CONCLUSION:</U></B></div> <bR> <div> An offer of settlement in the claim, Melissa Craib is made in the sum of economic damages: <B>$1,955.08</B>, and general damages - <B>$10,000.00</B>. The total claim for Melissa Craib is <B>$11,955.08. </B></div> <bR> <bR> <bR> <DIV ALIGN="LEFT"></DIV> <div> <B>BRUCE A. THABIT, ESQ.</B></div> <bR> <div> <B>Respond By Calling the number on the Dog bite icon</B></div> <div> <B>or click on it to Mail us</B></div> <bR> <bR> <bR> <bR> <bR> <bR> <bR> </td> </tr></table></body>