Fenlon v. James

Verdict Slip


The jury found in favor of my client. He was a real estate broker, trying to show a house. The homeowner leter her dogs outside, even though she was expecting him to arrive. The dogs chased him, and he fell, fracturing his arm. The injuries prevented my client from performing his old, reliable job of HVAC technician, a job which he relied upon to support his real estate business. When the real estate market was low, he would have worked in HVAC, but could not because of his arm injuries.

At trial, I presented the testimony of witnesses showing past conduct of the dogs and the owner's knowledge. My client's treating orthopedist testified with regard to the ongoing nature of the arm injuries.

I also presented the testimony of a real estate teacher, who was knowledgeable about the market. She testified that she always encouraged agents to keep their "day job." She testified that the market had dropped significantly due to the economy, and during those times, agents commonly rely upon their other sources of employment and income.

The jury accepted the testimony or our witnesses and inclueded damages for lost earnings and earning capacity.

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Reference Info:Verdict | State, 3rd Circuit, Pennsylvania | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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