Dog chase plaintiff awarded $10k wants new trial

By Amelia Flood | Jun 28, 2010


A woman who was awarded $10,000 from a Madison County jury in May due to the emotional distress caused by her neighbor's dog is asking for a new trial.

Plaintiff Mildred Aldridge filed her move asking for either a new trial on damages in the case or for a new trial entirely June 1.

Chief Judge Ann Callis is set to hear arguments on the move July 16 at 9 a.m.

Aldridge sued her neighbor, Donna Eberlin, alleging that Eberlin's dog frightened her, chased her sister into colliding with the plaintiff, and caused spinal fractures in November 2005.

The jury did not award any other damages to the plaintiff.

Aldridge argues that the medical evidence presented to the jury showed that she was entitled to an award for both her pain and for her medical bills.

The plaintiff argues that the video deposition testimony of defense expert Dr. Marvin Mishkin contained testimony that violated a previous motion in limine.

Aldridge claims that Mishkin's testimony unfairly prejudiced jurors.
The plaintiff claims the $10,000 is in inadequate in light of the weight of the evidence.

The defense argued during the May trial that there was no way to prove that Eberlin's dog was responsible for the spinal fractures Aldridge claimed.

The defense also produced evidence of Aldridge's pre-existing osteoporosis and other medical conditions that could have played a role in the alleged injuries.

The plaintiff is represented by James Stever.

Eberline is represented by Victor Avellino.

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

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