After nine years of suffering from post-traumatic stress disorder (PTSD) as a result of an attack and severe bite from a friend’s dog, a Cape Town woman has been awarded close to R100 000 in damages by the Western Cape High Court.
Following a lengthy case with several interruptions, Judge Deidré Kusevitsky awarded Micayla Marshall R50 000 in general damages, R37 567.61 for past medical expenses and R4 620 for future medical treatment in the form of six physiotherapy sessions at R770 each.
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According to the Cape Argus, damages will be sought from the defendant in the case, at whose home the incident occurred in January 2014.
The Cape Argus reported that Marshall testified during the trial that on the day in question, she and her sister were invited to the defendant’s home for a social gathering.
Marshall noticed a dog wandering around the front garden when she arrived, but paid no attention to it. When the gate was opened, two dogs bolted. One of the dogs, a Siberian husky described as ‘big’ by Marshall in court, ran towards her and lunged at her throat without warning. She raised her arms to defend herself, which resulted in both of her forearms being bitten.
Marshall, who was 17 at the time, testified that she was in shock after the attack and that her mother, Gillian, who was present, drove her to the hospital, where she was given morphine.
She expressed her outrage at what had occurred and asked her mother to notify the police station and local city law enforcement. She testified that she had later received therapy for her fear of dogs.
She also stated that when it is cold, she experiences pain in her wrist, and her right arm is sensitive to touch.
According to the Cape Argus, Marshall told the court that she is currently doing her articles in chartered accountancy and that she suffers from PTSD whenever she sees a dog. She testified that she sought therapy from Catherine Johnson, a clinical psychologist, in 2016 and had six sessions with her from August to October of that year.
She claimed she then took a break and returned to therapy last year for three sessions. She stated that she sought therapy again because she rollerblades on the promenade and frequently feels anxious when she sees dogs running off leash and towards her. This had happened twice before.
Gillian Marshall testified that after the incident, when she filed a complaint with City Law Enforcement to have the dog euthanised, the defendant called her, upset and emotional, and pleaded with her to withdraw her affidavit of complaint. She stated that after hearing his distress, she softened, felt sorry for him, and decided to withdraw the complaint.
Gillian also testified that the defendant’s wife told her that they would cover the hospital bills and asked if they had medical insurance. She stated that she had a hospital plan, but that the defendant, despite having paid R13 185.04 towards the medical bills, did not pay the full amount due to a R50 752.65 shortfall.
The case was later reopened. Judge Kusevitsky provided some context for the case, saying, ‘It is common cause that the incident occurred on 11 January 2014. It is furthermore apparent from the sheriff’s return of service that the summons was served on 2 March 2017.’
‘This matter has a long history. In or around June 2020, a special plea was argued and subsequently dismissed. The matter was then referred back to the case management roll,’ she added.
Meanwhile, in an attempt to settle the case, the defendant offered Marshall’s legal representative R50 000 in settlement of the claim in November 2020, but Marshall rejected the offer, and the case was finally heard over two days in June last year.