Defendant opposes new trial request in charging dog injury case

Amelia Flood Jul. 19, 2010, 7:17am


The Granite City woman whose dog allegedly inflicted emotional distress that garnered a $10,000 verdict, opposes the plaintiff's move for a new trial in Madison County.

Defendant Donna Eberlin filed her response to plaintiff Mildred Aldridge's request for a new trial July 14.

Aldridge, Eberlin's neighbor, won $10,000 in emotional distress damages after a May trial.

Aldridge alleged that she suffered compression fractures in her spine after Eberlin's dog chased Aldridge's sister, Daisy Welch, and that Welch collided with Aldridge, knocking her to the ground.

Aldridge moved for a new trial late last month, arguing that the jury erred in failing to award her damages for the injuries and medical bills.

The motion had been set for hearing July 16 but was pushed off.

No new hearing date on the motion for new trial has been set, according to the case's docket sheet.

In her response, Eberlin argues that the jury's verdict was in keeping with the evidence.

Eberlin points to the testimony of several doctors during the trial that concluded it was impossible to conclude how and when Aldridge sustained the alleged fractures.

The defense also points to Aldridge's own admission that she had fallen just days prior to the incident with the dog.

The defendant claims that just because the jury reached a different conclusion than what the plaintiff desired should not
automatically trigger a set aside verdict and new trial.

Aldridge is represented by Michael Bilbrey and James Stever.

Eberlin is represented by Victor Avellino.

Madison County Chief Judge Ann Callis presides.

Callis oversaw the May trial.

The case is Madison case number 06-L-860.

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