Nora Jones is a resident of Durham, North Carolina, and a student at North Carolina Central University. She is in her last semester at NCCU where she will earn a B.S. in English. She intends to continue her studies in the Master’s Program at NCCU in the fall.

On October 10, 2019, Nora was out walking her 5-year-old, 15 pound, Yorkie, Mad Maxx. She has had him since he was 2 months old. It was a warm fall evening approximately 7:30 pm. Mad Maxx had a reputation for staking out his territory and was known to be quite a barker. If he heard any movement outside, or inside the house, he would bark. When Nora took him on his daily walk and he saw other dogs, he would bark. If he saw people or children outside, he would bark. When she walked him, she used a 6-foot leash.

One of Nora’s neighbors, Walter Johnson, owns a 65-pound, eight-year-old American Bulldog named Bear. Bear was raised by Walter, his wife, and their three children, ages 3, 7, and 12 years old since he was a two-month-old puppy. To get exercise, the family walks Bear every evening around 7:30 pm. On October 10, Walter and his three children were taking Bear out for his daily evening walk. Bear was on a 9-foot leash which was being held by his 12-year-old. Bear has a very calm personality, and often likes to be petted. He is only aggressive, if someone is outside his home, causing him to bark, or if someone gets too close to the three children. About three years ago, Bear bit a family member who came to close to the 7-year-old (then 4 years old). He did not cause serious harm but did break the family members’ skin.

Around 7:45, Mad Maxx met Bear on their daily walk. They were passing each other on the same side of the street. Mad Maxx saw the children first and began to bark incessantly. He began to pull Nora in the direction of the children. Bear, sensing danger to the children, also began to pull on his 9-foot leash that the 12-year-old was holding. Walter had stopped to pick up Bear’s poop and did not physically have custody of the leash. Bear lunged at the smaller Mad Maxx, grabbed him by his neck, and began to shake him ferociously. Nora tried to intervene and separate the dogs. The children began to scream, and Walter came running. Nora was able to break Bear’s grip from her beloved Mad Maxx, but not before she was bitten by Bear.

Nora suffered injuries to her upper arm which required 10 stitches and the doctor indicated will likely leave a scar. Because of the bite, she will also need physical therapy due to a tear in the muscle of her upper arm for at least six months. Nora is also anxious, and having problems sleeping. Her doctor prescribed anti-anxiety medication to help ease her fears. Mad Maxx suffered a deep laceration to the neck which required an operation and stitches to close the wound. Other than the operation, Mad Maxx is doing well. However, he experiences anxiety whenever he sees another dog and reluctant to

go outside for his daily walks anymore. The doctor prescribed anxiety pills which he takes once a day.

Nora has come to the law firm where you are working as a paralegal. She wants to sue Walter for the injuries that she sustained, the physical therapy she will require, her medical costs (approximately $5,000), Mad Maxx’s medical costs ($3,000), and pain and suffering for witnessing this incident. The supervising paralegal has asked you to do legal research into this matter.