Frazer v Romeo [2020] NSWDC 415

District Court New South Wales

Medium Neutral Citation: Frazer v Romeo [2020] NSWDC 415 Hearing dates: 7 May; 11 June 2020 Date of orders: 12 June 2020 Decision date: 12 June 2020 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff against the defendants in the sum of $200,425.60. (2) Defendants to pay the plaintiff's costs. Catchwords: DAMAGES – assessment – dog attack – physical and psychological injuries – arm and leg – non-economic loss - past and future medical expenses - past and future economic loss - past and future domestic care Legislation Cited: Civil Liability Act 2002, s 16 Category: Principal judgment Parties: Jasmin Frazer (plaintiff) Bruno Romeo (first defendant) Doris Harb (second defendant) Representation: Counsel: Mr G Hickey (plaintiff)

Solicitors: Law Advice Compensation Lawyers (plaintiff) File Number(s): 2019/329370 Publication restriction: None

Judgment

1. Introduction 1. On 17 August 2017 the plaintiff, Jasmin Frazer, was bitten by two dogs. She sues the dogs' owners, Bruno Romeo and Doris Harb, for damages. 2. The defendants have never participated in the proceedings and default judgment was given on 16 April 2020 with damages to be assessed. The assessment hearing proceeded with no appearance or representation by the defendants.

2. Background 1. On 17 August 2017, at about 7pm, Ms Frazer went to visit her friends, Mr Romeo and Ms Harb, at their residence in Guildford, New South Wales. Ms Frazer entered the backyard of the property where the defendants kept about 17 Bullmastiff dogs. Ms Harb said to her, "All the dogs have broken out of the pen". [1] Two of the dogs then attacked Ms Frazer, one bit her on her left arm and another bit her right leg. She was "dragged" to the ground. [2] She received five bite marks on her left arm, the "largest [is] 2 cm wound full thickness, exposed adipose tissue", and four bite marks to her upper right thigh. [3] The two dogs then started fighting other dogs. Ms Frazer jumped up and ran inside the house. She said, "There was blood everywhere and I felt like I was on fire". [4] Ms Frazer was given morphine and taken by ambulance to Westmead Hospital. 2. At the hospital, Ms Frazer's left arm was x-rayed. The hospital records stated: "Patient reports being at friends house when dog became aggressive and attacked her. Reports injury to right thigh and left upper arm… Nil other injuries Minimal blood loss at scene … O/E: 2x small puncture sites to right lateral thigh. … 2x puncture sites to left upper arm over medial edge of biceps. Puncture through muscle, no soft tissue loss obvious Palpable crepitus/subcut emphysema over medial upper arm … 2x puncture sites to left upper arm over lateral aspect of triceps Through muscle. No obvious tissues loss Difficulty with elbow extension due to pain". [5] 1. Ms Frazer received 18 stiches, antibiotics and Endone. On 20 August she was discharged from Westmead Hospital. Thereafter, on 21, 22, 24, 26, 29 August and 1 September 2017 she attended a medical centre under the care of Dr Graeme Scarr, where she had her wounds cleaned and the dressings on the wounds changed. 2. Dr Scarr reported that she complained of the wounds being sore and itchy, but the "wound looks good, clean, nil redness, nil signs of infection", [6] and that Ms Frazer continued on analgesics (initially, Endone and by 12 September, Paracetamol) and antibiotics. 3. On 12 September 2017 Ms Frazer visited Dr Scarr whose notes recorded "Poor muscle use" in her left arm, that Ms Frazer was having trouble sleeping, with "some flashbacks" and "features of Post traumatic stress disorder" and that she was "having trouble extending at the elbow of the left arm". [7] Ms Frazer resisted advice for physiotherapy "as she is not privately insured". [8] 4. On the same day, Ms Frazer gave a statement to a Cumberland Council officer who was investigating the dog attack. In that statement, Ms Frazer described how, at Ms Harb's instruction, she tried to call Mr Romeo when a dog "latched onto my left arm" and another dog "latched onto my right thigh", which caused her to fall to the ground. [9] There she remained for "what felt like a one (1) minute" until the dogs suddenly released hold of her, and she was able to get up and run into the house. [10] She stated that she was bleeding badly from her left arm and applied pressure to slow the bleeding, that she was eventually taken by ambulance to Westmead Hospital, and that the ambulance officer attended to the wounds and gave her medication for the pain. 5. Ms Frazer, in the statement, said she had four deep puncture wounds to her right thigh, and the bite to her left arm damaged her bicep muscle and at the outer arm "was so deep it was open to the bone". [11] 6. Ms Frazer said her doctors said the wounds would take three to six months to be fully healed. Her statement on 12 September 2017 continues: "35. The wounds are still very painful and I am unable to sleep properly without pain killers, I am unable to basic tasks with my left arm from cleaning the house to doing my hair without being in pain. 36. The injuries have had a massive impact on my business and have lost many clients and a major contract as I am unable to do many of the tasks that I used to do prior to the attack. 37. I am still pretty shaken up from the attack which was evident when I went to the dog park with my own dog and was very wary of other dogs when they came near me. I think about the attack often like what if I done this or that. 38. I am still unable to return to full time work due to the injuries and have lost the majority of my income through my business." [12]