Caroline D. Edwards v. Ernest Latcher

Dallas, Texas, personal Injury lawyer represented the Plaintiff who sued on a negligence theory.

On March 29, 2020, Latcher let his dog Winston out into the backyard to
relieve himself. Winston is a fifty-five to sixty pound Labrador mix. The yard was
fenced and had two gates, one of which was visible from the home.
Unbeknownst to Latcher, the side gate (the gate not visible from the home)
was open and Winston left the backyard. Edwards was walking in the area with her
headphones on and said that “all of the sudden” she “hit the ground.” When she
turned around, the dog was in front of her.

Edwards, distressed and in pain, returned home and called the police. Shortly
thereafter, the police arrived at Edwards’ home with Winston in tow. Edwards
identified Winston as the dog she encountered on her walk. The police took Winston
to the shelter.

In the meantime, Latcher went outside to bring Winston in and discovered that
the side gate was open and Winston was missing. Latcher said that he did not leave
the side gate open and he did not believe his wife left it open.

Edwards sued Latcher for negligence, seeking recovery of medical expenses
incurred from a fractured wrist and other damages. Prior to trial, Edwards submitted
billing affidavits to establish the reasonableness of her medical expenses.

he case was tried to a jury. The jury concluded that Latcher was negligent
and awarded damages for past medical expenses, past and future physical pain and
mental anguish, and past and future physical impairment. The trial court entered
judgment for $35,914.14 on the jury’s verdict, in addition to costs, and pre and post
judgment interest.

Reversed