Girl gets €425k after dog attack caused stammer

A GIRL who developed a severe stammer after being bitten by a dog when she was aged five was awarded €425,952 damages in the High Court yesterday. She received scars to the cheek and lower lip in the attack.

The action was taken by Melissa Jolley, 11, who sued through her mother Deirdre Jolley, living in Australia and formerly of Shanliss Road, Santry, Dublin.

The action was taken against the proprietor of holiday rental accommodation, Patrick Brennan and Kathleen Brennan, of Green Meadow Farm, Avoca Road, Red Cross, Co Wicklow. The court was told the Brennans were insured with FBD insurance.

The defence conceded that Melissa had received “cuts” and had been willing to pay compensation for this but contested that the dog bites had resulted in a speech impediment.

Mr Justice Kevin Feeney said the court was satisfied the attack caused the stammer, adding that she was left with a possible significant lifelong disability.

The case, heard over a number of days, included expert witnesses. From the evidence the judge said the probability the stammer would be permanent was considerable and there was no doubt it was severe.

The judge said the court had the benefit of viewing a video of Melissa in a consultation situation and one expert described the impediment as the worst he had ever seen. The judge also held the stammer would have a significant impact on her employment prospects in the future. She also received a scar to her right cheek and lower lip in the attack.

Hugh Mohan SC for the Jolleys had submitted the incident occurred on January 25, 2001, when the family stayed at the Brennan’s rented accommodation. Melissa was playing when suddenly and without warning a dog owned by the Brennans bit the child.

Counsel alleged the incident occurred because of the defendant’s negligence in the management, care and control of the dog. As a result of the bite Melissa’s lower lip was torn back and she had a laceration near her right eye. She had to undergo surgery and detained for two nights in hospital.

Her mother Deirdre told the court that while attending school in Australia she was bullied and they had to remove her to another school. Children would laugh at her and say “she can’t speak”.