Citelli & Murdock

Attorneys at Law
8630 Buccilli Drive, Suite 309
Orlando, Florida 32829
(407)-688-5555
CitDoclaw.com

July 26, 18 VIA U.S. MAIL

Mr. Jack Sixpack

2112 Rush Boulevard
Orlando, FL 32816

Re: Opinion on Damage Recovery

Dear Mr. Sixpack:

As you know, we recently discussed your bout with Jane Roe and specifically her dog,
Buster. You reported that within the course of your relationship to Ms. Roe you only interacted
with Buster at most twice a month – speaking to your lack of camaraderie with him. You pointed
to that distance as the cause for your reaction against his growls and angry body language. You
described him as the proximate cause to the damages you suffered including medical charges,
partial losses from your security deposit, future pain and suffering, the potential spoiling of your
career, as well as the actual injury and result itself. In response to these issues, you specifically
asked for advice as to:

1. Whether or not your injuries are Buster’s fault?

2. Whether or not Ms. Roe is liable?
3. Whether or not you are entitled to a full recovery of damages?

In my understanding of the facts you provided, it is my opinion that:

 Sixpack Letter
July 26, 18
Page 2 of 4

1. A court and jury would most likely find you yourself as the proximate cause of the
injuries, expenses, and losses subsequently pressed upon you. (Apart from the partial loss
of the security deposit.)
2. In regards to your injury and expenses, a court and jury would presumably find Ms. Roe
to be free of liability while most likely granting you damages in response to your security
deposit loss.
3. A court and jury would deem you worthy of compensation for that which they find Ms.
Roe liable but would not grant you the totality of the damages you demand.

This opinion is provided for your use in determining which routes you might wish to take
in the furtherance of this case. It is given solely and intentionally for your benefit. The opinion
applies only to the facts as listed below. These facts, as you explained them to me, are examined
in light of the most current laws at the date and time of the drafting of this letter.

The facts you have provided are as follows:

1. One day, Ms. Roe left Buster alone with you as she had other duties she needed to take
care of.
2. Buster is a bulldog.
3. You’ve described Buster’s character as generally agreeable but also stated he can be
“stubborn and ornery.”
4. On those occasions he has been known to plant his feet, growl, and raise his fur.
5. You interacted with him about twice a month throughout your year-long relationship with
Ms. Roe and had experienced that type of behavior before.
6. During the course of his stay at your rental home, he urinated on the carpet and seemed to
be preparing to leave a “deposit” as well.
7. To save yourself from incurring any further damages, you took steps to take him outside.
8. You grabbed his collar and tried to pull him.
9. He refused to move, planting his feet in the ground while simultaneously growling and
raising his fur.
10. While he made no moves to attack you, his response to your actions was intimidating.
11. So much so that you punched him twice in the face so as to save yourself from any
potential harm.
12. He took no action in response.
13. However, you had subsequently incurred an injury as his protruding teeth skimmed you
on impact.
14. You then backed away from him to avoid any further injuries.
15. In the aftermath, he proceeded to leave a “deposit” on the carpet.
16. Your lease ended a month after this event.
17. As a result of Buster’s “deposit,” $50 was removed from the refund of your security
deposit.
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July 26, 18
Page 3 of 4

18. Most of your wounds healed.

19. But, as a consequence to this interaction, you contracted a severe infection.
20. The infection forced you into the hospital.
21. The hospitalization resulted in the loss of the tip of your right finger. (Your dominant
hand.)
22. Medical charges incurred were $100,000.
23. You are wary of future pain and suffering that may arise as a result of the event and its
aftermath.
24. You also fear the affect this injury may have on your career as an architect.
25. You thus desire damages from Ms. Roe as it was her dog who caused the injury,
expenses, and losses suffered.

A court would undoubtedly analyze this case and its facts in consideration of Florida laws
concerning dog bites and injuries. The laws state that “owners of dogs shall be liable for any
damage done by their dogs to a person” (Fla. Stat. § 767.01). While the partial loss of the
security deposit is completely covered by this law, the court or jury may deem the damage of
your hand to have been caused BY you yourself. This removes fault from Buster as he did
nothing to further his aggression towards you. The court and jury would deem you as the
instigator and reaper of your “excessive” reaction. While Buster’s teeth caused your injury and
subsequent infection, the court would hold you liable as you willingly punched him in the face –
twice – regardless of whether or not this was done to defend yourself from oncoming dangers.
They would reason that if you wished to avoid injury you could have simply backed off and tried
another method of removal. As a result, the court and jury will find Buster innocent of any fault
in this matter.

In respect to the law previously discussed, Ms. Roe should have been held liable but in
combination with another facet of the law which applies to situations where: “any negligence on
the part of the of the person bitten that is the proximate [actual and immediate] cause of the
biting incident reduces the liability of the owner of the dog by the percentage that the bitten
person’s negligence contributed to the biting incident” (Fla. Stat. § 767.04), the court will find
her free from the liability of your damages. While you were not bitten per se, the court will most
likely consider your actions to be negligent and thus hold you liable for the damage incurred.
This isn’t to say that you have no chance at recovery of those damages, but it will most likely be
severely reduced if not cut out entirely. In conclusion to this point, they will find your liability to
be greater than Jane Roe’s and thus reward you with much less than what you are seeking, if
anything at all (besides repayment for the loss in your security deposit refund).

The previous two paragraphs suggest both explicitly and implicitly that, in light of the
facts: you will not gain a full recovery to the damages you seek. You will definitely recover from
 Sixpack Letter
July 26, 18
Page 4 of 4

Buster’s damage in denying you a full refund of your security deposit; but in all other matters,
chances at recovery are slim.

It is my opinion that a court and jury would most likely rule against you based on the
facts and these inquiries you seek to answer. You went beyond Buster’s show of aggression in
punching him, so they would find you as the proximate cause of your injury. While they should
hold Ms. Roe liable for the damages he caused, he was not the actual cause so they will rule in
her favor on this point. And because you will have been found to be the cause, the court will not
reward you with damages as they will hold you almost entirely liable. In the end, it’s up to the
jury to make the final decision on these matters, but the Defense has a lot to work with in turning
the tide in their favor. They may even move for summary judgment upon you for having
commenced a legal action where there was no genuine issue as to any material fact. They are
entitled to doing so as a matter of law in as you, in the eyes of the court, have caused your own
injuries and expenses. I would advise against moving any further with this case at least upon on
the grounds you would like to pursue.

I hope this helps you in the decisions to come, and I am happy to further discuss this
matter with you. IF there are ANY errors or omissions as to the facts included in this letter please
get in contact with me as it may be crucial to my opinion and thus your course of action. In
respect to that and any other issues you’d like to bounce off me, please feel free to call my office
at (407)-688-5555 to set a time we can talk or get together.

Regards,

Michael Citelli

Michael D. Citelli
Counsel for Plaintiff

MDC/mc
Enclo.
cc: File