Plaintiff denied new trial, asks for taxable costs in dog chase injury case

By Amelia Flood | Sep 13, 2010

A Granite City woman who claims her neighbor's dog chased her sister and caused a collision that injured her will not get to take her suit to a second jury.

However, plaintiff Mildred Aldridge's motion for more than $5,000 in taxable court costs will be heard by a Madison County judge later this month.

Aldridge won a $10,000 verdict for emotional distress claims in a suit she brought against her neighbor, Donna Eberlin.

Aldridge claims that Eberlin's dog jumped a fence, chased Aldridge's sister, Daisy Welch, and the two women collided, causing Aldridge to fracture her spine.

The incident took place in 2005.

The suit was tried in May before Madison County Chief Judge Ann Callis.

The jury found for the plaintiff on the emotional distress count of her case only.

It did not award Aldridge any damages for her past medical expenses, loss of a normal life or pain.

Her attorney, Michael Bilbrey, asked for more than $27,000 in medical expenses, $25,000 for her pain and suffering and $15,000 for the emotional distress.

The plaintiff moved for a new trial, but Callis denied that move Aug. 20.

The plaintiff then filed asking for $5,394.80 in taxable court costs on Sept 2.

That figure includes fees for transcripts, filing fees, and a $3,500 expert witness fee.

Callis is slated to hear the motion Sept. 24 at 9 a.m.

Bilbrey and J.R. Stever represent Aldridge.

Victor Avellino represents Eberlin.

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

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