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$33 Million For a Dog Bite? Only In the Hamptons . . .


— May 5, 2006

A woman may seek punitive damages for a bite she received from one of the Hamptons’ most famous dogs, Oreo, the 9-year-old cockapoo of advertising executive and restaurateur Jerry Della Femina and TV personality Judy Licht, a Manhattan judge has ruled.

“[A]mple evidence exists from which the trier of fact could infer that defendants were aware of Oreo’s tendency to bite, but deliberately failed to prevent further incidents,” Supreme Court Justice Joan A. Madden (See Profile) ruled in Marsh v. Della Femina. “Defendants’ knowledge of Oreo’s propensity to bite is … relevant to plaintiff’s claim for punitive damages, i.e. whether defendants consciously and recklessly disregarded the danger posed by Oreo.”

Justice Madden therefore granted Dolores Marsh’s motion to amend her complaint to include a demand for punitive damages. Only one New York court has awarded punitive damages for a dog bite — the City Court of Yonkers in the 1995 decision Nardi v. Gonzales, 165 Misc2d 336 — according to Justice Madden’s decision.

Oreo’s attack occurred on Aug. 4, 2003, at a party thrown at the East Hampton estate of Della Femina and his wife Licht.

Marsh, a guest at the party, claimed the cockapoo — part cocker spaniel, part poodle — bit her left ankle as she stood near the pool. The bite resulted in a four-inch laceration that pierced the underlying muscle, according to medical reports. Marsh reportedly suffered a bone infection, nerve damage and permanent scarring. She twice underwent surgery, spent five days hospitalized and has undergone weekly physical therapy.

Marsh originally pursued three causes of actions — two allegations based on neglect, one on strict liability. She subsequently petitioned to amend her complaint to include a claim for punitive damages. She is seeking $3 million in compensatory damages. Under state law, a jury could award her as much as $30 million in punitive damages.

Details here from the New York Law Journal via Law.com.


A woman may seek punitive damages for a bite she received from one of the Hamptons’ most famous dogs, Oreo, the 9-year-old cockapoo of advertising executive and restaurateur Jerry Della Femina and TV personality Judy Licht, a Manhattan judge has ruled.

“[A]mple evidence exists from which the trier of fact could infer that defendants were aware of Oreo’s tendency to bite, but deliberately failed to prevent further incidents,” Supreme Court Justice Joan A. Madden (See Profile) ruled in Marsh v. Della Femina. “Defendants’ knowledge of Oreo’s propensity to bite is … relevant to plaintiff’s claim for punitive damages, i.e. whether defendants consciously and recklessly disregarded the danger posed by Oreo.”

Justice Madden therefore granted Dolores Marsh’s motion to amend her complaint to include a demand for punitive damages. Only one New York court has awarded punitive damages for a dog bite — the City Court of Yonkers in the 1995 decision Nardi v. Gonzales, 165 Misc2d 336 — according to Justice Madden’s decision.

Oreo’s attack occurred on Aug. 4, 2003, at a party thrown at the East Hampton estate of Della Femina and his wife Licht.

Marsh, a guest at the party, claimed the cockapoo — part cocker spaniel, part poodle — bit her left ankle as she stood near the pool. The bite resulted in a four-inch laceration that pierced the underlying muscle, according to medical reports. Marsh reportedly suffered a bone infection, nerve damage and permanent scarring. She twice underwent surgery, spent five days hospitalized and has undergone weekly physical therapy.

Marsh originally pursued three causes of actions — two allegations based on neglect, one on strict liability. She subsequently petitioned to amend her complaint to include a claim for punitive damages. She is seeking $3 million in compensatory damages. Under state law, a jury could award her as much as $30 million in punitive damages.

Details here from the New York Law Journal via Law.com.

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