$37,315 Verdict for Landscaper Bitten by Pediatrician's Dog, Net $18,284 After Comparative Fault
After trial: The jury returned $37,315; comparative fault reduced the recovery to $18,284.
Won by GriffithLaw.
A landscaper bitten by a dog with known violent propensities at a pediatrician's home suffered a nerve injury requiring surgery; a Davidson County jury found the owner 51 percent at fault and awarded $37,315 in special damages, netting $18,284 after comparative fault reduction.
What happened
A professional landscaper arrived at a Davidson County home to perform routine yard work. The property owner was a pediatrician. While the landscaper was on the premises, the owner's dog bit him. The dog had a documented history of violent behavior, a fact the owner knew before the incident.
The bite caused a nerve injury serious enough to require surgery. Beyond the physical trauma and recovery, the injury disrupted the landscaper's ability to work in the physically demanding trade he relied on for his livelihood.
Attorneys Jonathan L. Griffith and Lincoln Kullander of GriffithLaw represented the injured landscaper. The defense, handled by Jamie A. Leaver and Christopher M. Jones of LeVan Sprader Patton and Plymire in Nashville, contested the case and raised comparative fault arguments against the plaintiff.
At trial in Davidson County Circuit Court, the jury found the dog owner 51 percent responsible. The remaining 49 percent of fault was assigned to the plaintiff. The jury awarded $37,315 in special damages, covering medical expenses and economic losses, but declined to award damages for pain, suffering, or other non-economic harm.
Applying the 51/49 fault split under Tennessee's modified comparative fault rule, the net recovery came to $18,284. The result reflects a contested case where the defense made fault allocation the central issue, limiting non-economic recovery entirely.
Sources
This account is drawn from contemporaneous public reporting and the court record.
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