Raffi Akelian

This endorsement addresses a procedural issue in a motor vehicle accident action where a settlement could not be finalized due to the plaintiff in a companion action failing to provide their position regarding policy limits.

The plaintiff in the current action sought directions from the court.

The court declined to make immediate orders affecting the absent party but adjourned the case conference and directed the defendant to ensure the companion action's plaintiff attends the next conference, reserving the right to make procedural orders under Rule 50.13(6).

The plaintiff sought default judgment for personal injuries sustained from a dog bite.

The defendants were noted in default and did not respond to the action.

The court found both defendants liable as "owners" under the Dog Owner's Liability Act, establishing joint and several liability.

General damages were assessed at $40,000, considering the severity of the physical injuries (including multiple surgeries for Dupuytren's Disease and permanent scarring) and psychological impacts (anxiety, fear of dogs, nightmares).

Special damages of $120.51 and costs of $14,887.11 were also awarded, resulting in a total judgment of $55,007.62 for the plaintiff.