Judge awards nurse nearly $61,000 after she was attacked by dog in N.S. home
A Halifax-area couple has been ordered to pay nearly $61,000 in damages and $4,000 in court costs after their dog attacked and injured a homecare nurse at their residence in 2016.
In a written decision dated Sept. 19, Nova Scotia Supreme Court Justice Christa Brothers ruled that Harvey Hayden and Susan Forrest were negligent in failing to control their dog when they knew the nurse would be in their Spryfield, N.S., home.
Lynn Patterson was attacked by the couple's valley bulldog during a visit to their home in May 2016 while she was working as a licensed practical nurse for the Victorian Order of Nurses. Patterson sustained a "significant" bite to her right arm and a bite to her back, the judge said.
"I am satisfied that the attack also caused her to suffer ongoing pain to her neck and back and ongoing anxiety and panic attacks," Brothers wrote, noting the medical and psychological reports filed with the court.
Brothers said Patterson, who now lives in Bruno, Sask., was scheduled to care for Forrest and had been to the home before and was aware the couple had a dog. The judge says the nurse called ahead to advise the patient that she was coming and ensure the dog was tied up or put away during her visit.
After caring for Forrest, the nurse was attacked on a landing near the door as she was about to leave. The screaming nurse grabbed a coat rack and hit the dog with it.
"At this point the dog had a hold of the back of her right arm and elbow," the ruling said. "The owner (Hayden) was able to get the dog off of Ms. Patterson."
The nurse staggered to her car and the man who owned the dog yelled at her to come back inside the house so he could bandage her arm. Then he said, "Don't call 911, they'll put my dog down."
The defendants argued that it wasn't credible for Patterson to claim that she had picked up the coat rack to hit the dog, because the couple said the rack was "far too heavy to use in that manner."
But the judge said she accepted that the plaintiff used the rack to defend herself. "The defendants' descriptions of the coat rack have changed over time," the judge said. "They have described the coat rack being both 100 pounds and 60-75 pounds."
The judgment says the couple didn't appear in court until April of this year despite being sent a registered letter in 2017 informing them about the legal action. Brothers rejected the couple's arguments that they didn't know about the lawsuit against them, saying there were repeated attempts to get them to respond.
"The defendants have had continuous opportunities to defend this claim," Brothers said. "They have ignored all opportunities to defend the claim until this motion for an assessment of damages."
The judge noted in her ruling that the couple has informed the court that they don't have the money to pay the nurse the amount awarded to her.
This report by The Canadian Press was first published Oct. 10, 2024.
For more Nova Scotia news, visit our dedicated provincial page.
CTVNews.ca Top Stories
Olympian, veteran, first Canadian Indigenous police officer honoured in Belgium
Alex Decoteau didn’t live to see his 30th birthday, but what he accomplished in his 29 years of life was simply remarkable.
Here are new guidelines for preventing stroke, the nation's 4th biggest killer
The majority of strokes could be prevented, according to new guidelines aimed at helping people and their doctors do just that.
Lawyers allege foreign interference in high-profile Canadian mafia deportation case
Lawyers for an alleged high-ranking member of the Italian Mafia in Toronto claim evidence is being used against him that is the product of foreign interference by Italian police.
Queen Camilla has a chest infection and will miss the U.K.'s annual Remembrance Sunday events
Queen Camilla will miss Britain's annual remembrance weekend events to honor fallen service personnel while she recovers from a chest infection, Buckingham Palace said Saturday.
Decluttering your closet 'has to be easy,' here's how
Decluttering your closet can be an easy task when you follow the "one in, one out" rule according to an Ottawa specialist.
Haul out the holly! Rockefeller Center Christmas Tree arrives in New York City
The Rockefeller Center Christmas Tree arrived in New York City on Saturday, signaling the start of the holiday season in the Big Apple.
Super giant TVs are flying off store shelves
Televisions that measure 97 inches (and more) diagonally across – a.k.a. XXL TVs – are becoming a huge hit as the cost of giant screens sinks sharply, and viewers look to replace the screens they bought during the peak of the pandemic a few years ago.
U.K. police watchdog reviews handling of Mohamed Al Fayed sex crime allegations
Britain's police watchdog said is assessing complaints over how the police handled sex crime allegations against the late Harrods owner Mohamed Al Fayed.
Minivan and school bus collide in northeast Calgary intersection, causing bus to hit building
Calgary police are investigating a crash between a minivan and a school bus on Friday.