A young woman who suffered a serious arm injury after being bitten by a large Pit Bull Terrier in the home of her then best friend has been awarded €121,917 damages by a High Court judge.
Colene Killian, of Banagher Street, Cloghan, Co Offaly, sued her then best friend’s parents, Martin and Amy Kilduff, over the “terrifying experience” just after midnight on February 14th 2016 in their home at Clonlyon, Belmont, Co Offaly.
Then aged 21, she claimed she was lawfully on the premises owned and controlled by the defendants as a visitor when she was attacked and bitten by a dog present on the premises.
She alleged the defendants, their servants or agents were negligent and in breach of the Control of Dogs Act over failures, inter alia, to ensure the dog was muzzled and under control.
The case was heard by the High Court sitting in Galway and Mr Justice Tony O’Connor’s judgment, delivered on April 30th, was published this week.
The judge said Ms Killian had gone back by car with her then best friend and the latter’s boyfriend Ollie to the friend’s home to await collection by Ms Killian’s father to bring her home.
While Ollie was in the sitting room continuing a heated argument with a third party on his phone, both women went into the latter’s bedroom and were chatting on the bed where the argument and the barking of Ollie’s Pit Bull Terrier in the sitting room could be heard.
Hysterical
The dog escaped from the sitting room, entered the bedroom, jumped onto the bed and nipped Ms Killian’s back, the judge said.
She became hysterical, pleaded for the dog to be taken out, Ollie said he would hold the dog, and she could make her way out of the house, the judge said.
When Ms Killian had her hand on the bedroom door handle, the dog lunged towards her and latched onto her arm for about a minute. Ollie pulled the dog away, she saw a chunk of flesh in the dog’s mouth, pulled up her sleeve and saw a “really big hole” in her arm.
When later taken to Tullamore hospital, the wound was too deep for closing and washing it out, plus administration of antibiotics, was all that could be done then.
Ms Killian was transferred to St James Hospital on February 17th 2016 where she spent six days and underwent a procedure to close the wound. A plastic surgeon later told her further surgeries would be required. The then and current position is that movement of Ms Killian’s fingers impacts the muscle, the judge said.
Wedding dress
A “genuine and intelligent” plaintiff, there was “not a shred of exaggeration” about her inability to wear short sleeved tops without the severe indentation being noticed. Her account of breaking down when attending for the fitting of her wedding dress “moved everyone in the court”.
She had given up an agricultural course as a result of the trauma of the dog incident but now works in a residential centre with teenagers with severe behavioural problems and hopes to start a social care degree course later this year.
He awarded maximum general damages of €65,000 to reflect the situation from April 2016 to April 2021 was physically and psychologically very demanding on Ms Killian.
The trauma, hospitalisation, deflation from the lack of success in addressing the significant physical appearance of her left arm, her psychological Post Traumatic Stress Disorder, plus her great efforts, merited that sum, he said.
While the future should be brighter, for reasons including further reconstruction surgeries, she will still have a lifelong scar and phobic anxiety about some dogs, he said. He awarded a additional €45,000 to reflect that which, plus special damages, made a total award of €121,917.
