Friday, February 26, 2016

WATERBURY CT - A PIT BULL ALLOWED BY ITS OWNER TO RUN LOOSE AT A CONDOMINIUM COMPLEX ATTACKED A CONTRACT WORKER - THE CASE WENT TO COURT BUT THE JUDGEMENT PROOF SCUM WAS A NO-SHOW






Talal Garmakani sits on the front porch of a home on Eastern Avenue after he was bitten in the back of the thigh by a pit bull named Major


Talal Garmakani v. Hollister Munn and Bunker Hill Properties LLC

A man injured in a pit bull attack at a condominium complex has been awarded more than $76,000 by a judge in Waterbury. Talal Garmakani was a self-employed contractor specializing in roofing and remodeling. He and a couple other workers were doing work at the Bunker Hill Woods condo complex in Waterbury. The complex was owned by Bunker Hill Properties LLC.

Garmakani's lawyer, David Compagnone, of the Kaloidis Law Firm in Waterbury, said his client was working on the property at around 2 p.m. on Sept. 23, 2013, when a PIT BULL named Major came around a corner of the building  "and started to get aggressive with him." Compagnone said the dog jumped on him and bit his left thigh and knocked him backward onto the ground. The fall hurt his right shoulder, his neck and back.


An ambulance came to the scene and took Garmakani to Waterbury Hospital, where he underwent a series of rabies shots. Garmakani later had an MRI at the Greater Waterbury Imaging Center. The shoulder injury turned out to be Garmakani's worst injury, as the MRI revealed a rotator cuff tear. He now has limited range of motion in that arm. Doctors have said surgery is needed, but Garmakani has not scheduled the operation because he lacks health insurance, Compagnone said. "The knocking backwards is what really messed up his shoulder," the attorney said.

Garmakani was treated at Rosa Chiropractic Center for his back injury. Garmakani has been unable to work. He has a small permanent scar on his left thigh from the dog bite.  Garmakani sued the property ownership for negligence and brought claims against the dog's owner, Hollister Munn, for negligence and recklessness. According to the lawsuit, Munn used to let the dog, who had a "vicious propensity," roam free on the condo property.

Compagnone said the dog owner's unit was nowhere near the part of the condo complex where his client was attacked. Compagnone argued that the condo complex's management was aware that the dog ran around loose on the property and did nothing about it.

Compagnone said the condo complex reached a settlement with Garmakani before trial. The settlement terms were confidential, the lawyer said. Meanwhile, Munn never responded to the lawsuit. Eventually, the judge entered a default judgement in September 2014.  The case proceeded to a hearing on damages in January in Waterbury Superior Court.

Garmakani, who only speaks spanish, testified with the help of an interpreter, said Compagnone.  No one appeared for the defendant at the hearing.  Judge Barbara Brazzel-Massero awarded $16,100 in economic damages and $60,000 in noneconomic damages for a total of $76,100.  The judge awarded an additional $588 for litigation costs.

Despite the award, Compagnone doesn't expect to recover the damages from the no-show defendant dog owner.  "This is going to likely be an uncollectable judgement," said Compagnone.  Garmakani was able to get some compensation from the landlord, which was helpful."

As far as the dog that bit Garmakani, Compagnane is unsure whatever happened to it.  "I believe the dog was put in quarantine because police arrived and called dog control, but I don't know if they ever put the dog down or whatever happened," said Compagnone.




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