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Wcisel v Park

General Negligence / July 25, 2023

Court/Case No: Oakland County Circuit Court | 20-183982 NO

Tried/Argued Before: Jury

Demand: Initial demand $230,000 | pre-suit $95,000 until one month before trial | then $30,000

Verdict: No Cause

Name of Judge(s): Hon. Kwame Rowe

Keys to the Case:

Plaintiff made three claims from the dog bite occurring on May 27, 2019. Two of the counts were dismissed by motion before Judge Rowe, the Statutory Claim for Dog Bite remained for trial.

Plaintiff was a neighbor who came upon Defendant’s backyard deck to invite Defendant to a party in the neighborhood. Plaintiff had met Defendant one time, never had an open invite to Defendant’s home and was in possession of Defendant’s cell phone number. Plaintiff did not announce herself or call before attempting to contact the Defendant. Defense was Plaintiff was not lawfully on her property and the dog was provoked. The jury determined Plaintiff was not lawfully on Defendant’s property. Key was the fact that Plaintiff walked onto the deck in the backyard where the dog was on a leash and the lack of the parties being friends and just being a neighbor.

Defense SW attorney(s) Involved in Case:

sw-redraw

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