Wiley Brown v. Dominique Easley

Courthouse - Paul Beach County, Florida

Case Number: 50-2015-CA-009465-XXXX-MB

Judge: Joseph Marx

Court: 15th Circuit Court, Palm Beach County, Florida

Plaintiff's Attorney: Kevin Smith

Defendant's Attorney: Darren Heitner

Description: West Palm Beach, FL - Jury Awards Man Bitten by Dog $150,000

Wiley Brown sued Los Angeles Rams defensive tackle Dominique Easley on a negligence theory claiming that he was bitten by Defendant's 2.5 year old pit bull dog, Chucky.

Easley claimed that he did not know Brown and that Brown did not have permission to be in the rented condo.

Easley asked a friend and neighbor to feed and walk the dog while he was out of town. Brown and another woman went with the woman to Easley's apartment but remained in his car while the women entered the apartment to get the dog. The dog, which weighed 100 pounds became aggressive when they let him out of his cage and fled. The women asked for Brown's assistance and during the process of trying to control the animal he was mauled.

Brown sustained lacerations of his ankle and arm.

Brown claimed that he injuries that he sustained destroyed his dream of becoming a professional athlete.

Court Docket Entries:


1 08/19/2015 ADDITIONAL COMMENTS
2 08/19/2015 PENDING
3 08/19/2015 CAFF Filed by PLAINTIFF WILEY BROWN
4 08/19/2015 CIVIL COVER SHEET F/B PLT Filed by PLAINTIFF WILEY BROWN
5 08/19/2015 COMPLAINT F/B PLT Filed by PLAINTIFF WILEY BROWN
6 08/19/2015 NOTICE OF FILING INTERROGS TO DFT. F/B PLT Filed by PLAINTIFF WILEY BROWN
7 08/19/2015 SUMMONS ISSUED AS TO DFT. EFILED SM-15-055549 Filed by DEFENDANT DOMINIQUE EASLEY
8 08/21/2015 RECEIPT FOR PAYMENT A Payment of -$411.00 was made on receipt CAMB1019180. Filed by PLAINTIFF WILEY BROWN
9 12/29/2015 ORDER DIRECTING SERVICE DTD 12/29/15 C CARACUZZO
10 01/08/2016 SERVICE RETURN - NOT SERVED NOT SERVED DOMINIQUE EASLEY Filed by DEFENDANT DOMINIQUE EASLEY
11 01/08/2016 SERVICE RETURN - NOT SERVED NOT SERVED DOMNINIQUE EASLEY Filed by DEFENDANT DOMINIQUE EASLEY
12 01/08/2016 COMPLAINT AMENDED Filed by PLAINTIFF WILEY BROWN
13 01/08/2016 SUMMONS RECEIVED (E-FILE) DOMINIQUE EASLEY ***UNABLE TO ISSUE NO CASE NUMBER ON SUMMONS*** EFILED Filed by DEFENDANT DOMINIQUE EASLEY
14 01/12/2016 RECEIPT FOR PAYMENT A Payment of -$10.00 was made on receipt CAMB1048762. Filed by PLAINTIFF WILEY BROWN
15 01/13/2016 RECEIPT FOR PAYMENT A Payment of -$10.00 was made on receipt CAMB1049537. Filed by PLAINTIFF WILEY BROWN
16 01/13/2016 ALIAS SUMMONS ISSUED DOMINIQUE EASLEY EFILED ASM-16-000069 Filed by DEFENDANT DOMINIQUE EASLEY
17 01/28/2016 SERVICE RETURNED (NUMBERED) SERVED ON DOMINIQUE EASLEY ON 1/20/16
18 01/29/2016 NOTICE NOTICE OF SERVICE PROCESS F/B PLT/ PET
19 05/05/2016 MOTION FOR DEFAULT CLERKS AGAINST DFT DOMINIQUE EASLEY F/B PLT
20 05/24/2016 NOTICE OF DEFAULT NOT ENTERED KSMITH@FORYOURRIGHTS.COM AT TO DOMINIQUE EASLEY (NEED REGISTERED OR CERTIFIED MAIL RETURN RECEIPT , AND NON MILITARY AFFIDAVIT EFILED ATTORNEY
21 05/25/2016 NOTICE OF FILING COPY OF THE GREEN CARD RECEIPT FOR THE CERTIFIED MAIL FILED BY WILEY BROWN
22 05/25/2016 NON-MILITARY AFFIDAVIT/REPORT FILED BY WILEY BROWN
23 06/02/2016 MOTION FOR DEFAULT (AMENDED) BY THE CLERK AGAINST DOMINIQUE EASLEY FILED BY PLT
24 06/08/2016 CLERK'S DEFAULT KSMITH@FORYOURRIGHTS.COM AS TO DOMINIQUE EASLEY
25 06/09/2016 MOTION FOR ENTRY OF DEFAULT JUDGMENT F\B PLT, WILEY BROWN FOR ENTRY OF DEFAULT JUDGMENT F\B PLT, WILEY BROWN
34 11/22/2016 EXHIBIT EXHIBIT A MOTION TO SET ASIDE DEFAULT AND INCORPORATED MEMORANDUM OF LAW FILED BY DOMINIQUE EASLEY
35 12/02/2016 AGREED ORDER GRANTING DEFTS MOTION TO SET ASIDE DEFAULT. DTD. 12/2/16 C CARACUZZO GRANTING DEFTS MOTION TO SET ASIDE DEFAULT. DTD. 12/2/16 C CARACUZZO
36 01/03/2017 MOTION TO WITHDRAW F/B ATTY JEREMY D. BERTSCH ESQ OBO DFT DOMINIQUE EASLEY
37 01/03/2017 MOTION TO DISMISS FILED BY ATTY BERTSCH
38 01/06/2017 NOTICE OF FILING INTERROGS NOTICE OF SERVICE OF FIRST SET OF INTERROGS (F/B DFT)
39 01/06/2017 NOTICE OF SERVICE OF REQUEST FOR PRODUCTION (F/B DFT) OF SERVICE OF REQUEST FOR PRODUCTION (F/B DFT)
40 01/24/2017 WITNESS LIST OF FACT AND EXPERT FILED BY PLTF
43 01/25/2017 WITNESS LIST F/B DEFT
41 01/26/2017 NOTICE OF TAKING DEPOSITION SHELBY MITCHELL, 2-19-17 @11AM F/B DARREN A. HEITNER
42 01/26/2017 AMENDED NOTICE TAKING DEPO SHELBY MITCHELL 02/17/17 AT 11 AM; F/B ATTY HEITNER
44 01/26/2017 NOTICE OF HEARING 02/09/2017 8:45AM ROOM10E F/B DFT
45 02/01/2017 NOTICE OF TAKING DEPOSITION PATRICK SHEEHAN ON 3/8/17 AT 10:00AM F/B ATTY K SMITH
46 02/01/2017 NOTICE OF TAKING DEPOSITION JOEL FECHTER ON 3/1/17 AT 3:30PM F/B ATTY K SMITH
47 02/06/2017 NOTICE OF MEDIATION 3/27/2017 AT 1:30PM WITH MEDIATOR JAMES MUNSEY F/B MEDIATOR RODNEY ROMANO
48 02/10/2017 ORDER ON DFT'S MOTION TO WITHDRAW GRANTED J MARX DTD 02/09/17 ON DFT'S MOTION TO WITHDRAW GRANTED J MARX DTD 02/09/17
50 02/13/2017 NOTICE OF TAKING DEPOSITION AS TO DFT DOMINIQUE EASLEY ON 2/15/2017 AT 10 AM FB ATTY SMITH
51 02/28/2017 NOTICE OF UNAVAILABILITY 6/30/17-7/18/17 FILED BY WILEY BROWN

62 04/05/2017 EMERGENCY MOTION FOR CONTINUANCE F/B DFT/RESP UP 04/05/17
65 04/05/2017 RE-NOTICE OF TAKING DEPOSITION JEROME STONE ON MAY 8 2017 AT 11:00AM F/B DFT
66 04/06/2017 RESPONSE TO: DFT'S EMERGENCY MOTION FOR CONTINUANCE. F/B PLT DFT'S EMERGENCY MOTION FOR CONTINUANCE. F/B PLT
67 04/10/2017 EMERGENCY MOTION MOTION FOR SPECIAL SET HEARING ON DFTS MOTION FOR SUMMARY JUDGMENT F/B DFT
68 04/10/2017 ORDER DEFTS MOTION FOR CONTINUANCE IS GRANTED AND RESET FOR 5/8/17 AT 9:30 AM DTD. 4/10/17 J MARX DEFTS MOTION FOR CONTINUANCE IS GRANTED AND RESET FOR 5/8/17 AT 9:30 AM DTD. 4/10/17 J MARX
70 04/10/2017 MOTION FOR SUMMARY JUDGMENT FILED BY DFT
71 04/10/2017 NOTICE OF DESIGNATION OF DEPOSITION TESTIMONY F\B DFT, DOMINIQUE EASLEY OF DESIGNATION OF DEPOSITION TESTIMONY F\B DFT, DOMINIQUE EASLEY
72 04/10/2017 RE-NOTICE OF TAKING DEPOSITION MATT GATES 4/21/17 @ 11AM F/B DFT
69 04/11/2017 ORDER ON EMERGENCY MOTION FOR SPECIAL SET HEARING ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DENIED AS AN EMERGENCY BUT MAY BE SET FOR HEARING IN THE REGULAR COURSE WITH PROPER NOTICE DTD 04/11/17 J MARX ON EMERGENCY MOTION FOR SPECIAL SET HEARING ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DENIED AS AN EMERGENCY BUT MAY BE SET FOR HEARING IN THE REGULAR COURSE WITH PROPER NOTICE DTD 04/11/17 J MARX
73 04/19/2017 NOTICE (FIRST AMENDED) OF DESIGNATION OF DEPOSITION TESTIMONY FILED BY DFT (FIRST AMENDED) OF DESIGNATION OF DEPOSITION TESTIMONY FILED BY DFT
74 04/20/2017 NOTICE OF FILING DEPOSITION TRANSCRIPTS OF SHELBY MITCHELL 2/17/17 DR JOEL FETCHER 3/1/17 PATRICK J SHEEHAN MD 3/8/17 AND CHENISE MILLER 4/14/17 F/B PLT
75 04/20/2017 NOTICE OF DESIGNATION OF DEPOSITION TESTIMONY OF SHELBY MITCHELL 2/17/17 DR JOEL FECHTER 3/1/17 PATRICK J SHEEHAN MD 3/8/17 CHENISE MILLER 4/14/17 F/B PLT OF DESIGNATION OF DEPOSITION TESTIMONY OF SHELBY MITCHELL 2/17/17 DR JOEL FECHTER 3/1/17 PATRICK J SHEEHAN MD 3/8/17 CHENISE MILLER 4/14/17 F/B PLT
76 05/01/2017 RESPONSE TO: TO DFT'S MOTION FOR SUMMARY JUDGMENT (F/B PLT) TO DFT'S MOTION FOR SUMMARY JUDGMENT (F/B PLT)

77 05/01/2017 REPLY/RESPONSE TO PLTS RESPONSE TO DFTS MOTION FOR SUMMARY JUDGMENT F/B DFT
78 05/02/2017 NOTICE (SECOND AMENDED) OF DESIGNATION OF DEPOSITION TESTIMONY F/B DFT/RESP (SECOND AMENDED) OF DESIGNATION OF DEPOSITION TESTIMONY F/B DFT/RESP
79 05/02/2017 NOTICE OF CANCELLATION OF DEPOSITION OF JEROME STONE SCHEDULED MAY 8 2017 AT 11:00 AM F/B DFT
80 05/04/2017 MOTION IN LIMINE TO PRECLUDE TESTIMONY RELATED TO DEFENDANT BEING A PROFESSIONAL FOOTBALL PLAYER AND NFL PLAYER FILED BY DFT
81 05/08/2017 EXHIBIT LIST TO BE USED AT TRIAL FILED BY PLTF
82 05/08/2017 EXHIBIT LIST FILED BY DEFT
83 05/09/2017 CLERK'S NOTE JURY TRIAL CLERK NOTES 5/8/17-5/9/17
84 05/09/2017 VERDICT BOOK 29082 PAGE 1713-1714
85 05/09/2017 DEPOSITION VIDEOTAPED TELEPHONIC DEPOSITION OF CHENISE MILLER ON APRIL 14, 2017
86 05/09/2017 NOTICE OF FILING DEFENDANT PROPOSED VERDICT FORM
88 05/09/2017 REQUESTED JURY INSTRUCTIONS JURY INSTRUCTIONS PUBLISHED ON 5/9/17
89 05/09/2017 DEPOSITION VIDEOTAPED DE BENE ESSE DEPOSITION OF DR. JOEL FECHTER ON MARCH 1, 2017
90 05/09/2017 DEPOSITION VIDEO DEPOSITION OF PATRICK J SHEEHAN MD ON MARCH 8,2017
91 05/09/2017 DEPOSITION DEPOSITION OF SHELBY MITCHELL ON FEBRUARY 17, 2017
87 05/10/2017 JURY QUESTIONS JUROR QUESTION WHILE DELIBERATING ON 5/9/2017
The jury asked the Court: "Who can be the possessor of the premises? i.e. can it be someone who is not the owner of lessee? if so, what limitations are there? Can the possessor transfer his rights to a representative?"

Outcome: Plaintiff's verdict for $150,000 including $59,000 of his physical injuries and damages and $90,000 for pain and suffering.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: Dog bite cases are interesting case and the evidence needed to make such a claim can be difficult to make. In this case, Easley did not give Brown permission to be on the premises but someone he gave permission to be there asked for Brown's assistance. This case will be settled from something less than the amount awarded for a Florida Court of Appeals will resolved the legal issue.