Nesbitt v. Lewis

Dog Bite - Strict Liability - Animals- Licensee - Plaintiff Valerie Nesbitt accompanied her father plaintiff Kevin Nesbitt, while he mowed the lawn at the home of defendants Gloria Lewis and Gordon W. Lewis. Defendant Brenda Taylor owned a minority interest in that home and had lived elsewhere for five years. While Valerie was out of Kevin's sight, Kevin heard noise and realized that the three chow dogs owned by defendant Gloria Lewis were attacking his daughter Valerie. Previously, Kevin and Valerie had petted the dogs and Valerie had played with them without incident for over two hours while her father mowed.

An ambulance transported Valerie to the hospital where she underwent surgery and required a three day stay resulting in $6,850 in medical bills. Valerie sustained permanent scars and testified that the injuries prevented her from resuming her numerous sports activities. The jury awarded: $6,850.00 in actual damages to Kevin, $15,000.00 actual damages to Valerie, and $25,000.00 in punitive damages. Defendants appealed.

Plaintiffs' combined verdict of $46,850.00 affirmed in part and reversed in part.

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Comments: The Court of Appeals of South Carolina affirmed the award of actual damages against defendants Gloria and Gordon Lewis, but reversed the award of punitive damages and any finding of liability against defendant Brenda Taylor. See: 517 S.E.2d. 11 (S.C.App. 1999)
Date reflects Court of Appeals decision. Reported by jmc.