Wade & Silverstein Wins Jury Trial For Dog Attack Victim November 21, 2005 – Wade Law Group
San, Jose, CA – Nov 21, 2005 -Wade & Silverstein Law Corporation won yet another jury trial Friday on behalf of one of its clients. The latest trial victory involved the representation of Lolita Burd, a young lady who had been bitten by a Dobermen Pinscher. After a four- day jury trial, on Friday, November 18, 2005, the jury returned a verdict in favor of Ms. Burd for $211,325.00
On March 19, 2004, Lolita Burd was invited into the home of Thomas Fierravanti for a glass of wine (the couple’s first date). After Ms. Burd entered the home, Mr. Fierravanti introduced her to his Doberman Pinscher. He claimed that he asked Ms. Burd several times if she would like him to put the dog away and she declined the offer. He also claimed that Ms. Burd started playing tug of war with the dog, was hovering around the dog’s food and water bowls and actually caused the attack. Therefore, he claimed Ms. Burd was contributorily negligent and should be barred from recovering anything. He also claimed that her injuries were minimal (pointing out only $4,800 in medical bills) and therefore if any recovery was allowed, it should be minimal.
Ms. Burd on the other hand, claimed that Mr. Fierravanti never said anything to her about putting his dog away and stated that she was doing nothing other than standing in Mr. Fierravanti’s kitchen when his Doberman Pinscher attacked her. She claimed that the dog bit her on her lip and tricep and caused the following damage: i) the administering of eight stitches to her lip, ii) a permanent scar on her lip which is in need of further treatment, iii) post traumatic stress disorder and other emotional distress related ailments and iv) lost wages from her employment as a result of time missed from work and poor performance on the job.
After four days of trial testimony, the jury rejected Mr. Fierravanti’s argument that Ms. Burd was contributorily negligent and instead awarded her $211,325. Ms. Burd said “I am pleased with the jury’s verdict and I owe it all to Wade & Silverstein. Amiel Wade was excellent and performed at the highest level while the attorney for the other side performed at a much lower level.” When asked how he felt about the jury’s verdict, Amiel L. Wade, the President and Managing Partner of Wade & Silverstein stated: “This is all about client satisfaction. If Ms. Burd is happy then I’m happy. Ms. Burd deserves every dollar awarded to her by the jury.”