DAMIAN K. BOWEN, A MINOR BY AND THROUGH HIS NEXT FRIEND, PARENT AND GUARDIAN, JOHN K. BOWEN v. DONALD S. SANDERS, SR.

State Court of Rockdale County

Civil Action File No. 88-SV-1119

A Rockdale County jury awarded $76,000.00 to a 16-year-old who alleged that a pit bulldog chewed off part of his calf during a visit to a friend in 1986.

A 1988 lawsuit filed on behalf of Damian K. Bowen had alleged that hte dog, owned by Donald S. Sanders, Sr., was not on a proper leash during the September 23, 1986 incident and that Sanders knew the dog had a vicious nature.

The injury left Bowen with permanent scarring.

Sanders’ attorney argued that the dog was on a proper leash in the Sanders’ yard at the time of the incident and that Sanders had never been told that the dog, who is a mixed breed, had ever bitten anyone before.

Genevieve L. Frazier, Sanders’ lawyer, added that dog owners cannot be held liable for the first incident in which their dog bites someone unless the dog is in violation of a leash law.

Ms. Frazier said she plans to ask Rockdale State Court Judge Sidney Nation to set aside the judgment and will appeal the case. She said that while Sanders did not know of any previous bites by the dog, hearsay evidence was wrongly allowed into the case. The hearsay evidence, she said, was that Sanders himself, had been told about a previous bite.

"This case makes every parent responsible for what their child does," Ms. Frazier said.

In a document answering the suit, she argued that any damages were the result of Bowen’s voluntary assumption f the risk of the alleged injuries and damages claimed.

Attorney Robert A. Falanga, however, said the dog had been trained to fight and have a vicious nature. He said he felt the award was one which will send a strong message that the community needs to hear.

"I told the jurors that they could be part of the problem or part of the solution," he said after award was announced. "I think the award is large enough to send a message to the community," he added.

The award was handed down late Thursday morning by a jury of 10 men and two women in Rockdale State Court. Juror had deliberated about three hours.

The lawsuit asked for more than $150,000.00 including more than $100,000.00 for pain and suffering and more than $50,000.00 in punitive damages in addition to any other relief deemed necessary by the court.

The incident occurred at the Sanders home on Almand Road at a time when the victim was 13-years-old.

Falanga added that the matter went to trial after he declined a $6,000.00 settlement offer from the defendant. The trial lasted three days.

Attorney:  Robert A. Falanga