Cape Town - Nine years after she was attacked and so badly bitten by a friend’s dog that she suffers from post-traumatic stress disorder (PTSD), a Cape Town woman finally received justice when the Western Cape High Court awarded her close to R100 000 in damages.
Following a long-running case that featured several interruptions, Judge Deidré Kusevitsky awarded Micayla Marshall R50 000 in general damages, R37 567.61 in respect of past medical expenses and R4 620 for future medical treatment in the form of six physiotherapy sessions at R770 a session.
The damages will be claimed from the defendant in the case, Theo Pillay, at whose home the January 2014 incident took place.
During the case, Marshall testified that on the day in question, she and her sister were invited to the Pillay home to attend a social gathering.
On arrival, Marshall noticed there was a dog wandering around in the front yard but paid no attention to it. When the gate opened, two dogs came running out.
One of the dogs, a Siberian husky, which Marshall described to the court as “big”, ran towards her and without warning launched itself towards her throat.
She raised her arms to ward off the attack, which resulted in both her forearms being bitten.
Marshall, who was 17 at the time of the attack, testified that she was in shock at the attack and was shaking and crying. Her mother Gillian, who was present, took her to hospital, where she was given morphine.
A plastic surgeon later took her to theatre and treated her under general anaesthetic.
She remained in hospital overnight and was discharged the following day with both arms covered in bandages.
Marshall testified that she remained in bandages for many weeks and that she and her sister attended the school counsellor to talk about the incident.
She stated she was very angry at what had happened and asked her mother to report the incident at the police station and the local city law enforcement. She testified that she had subsequently received therapy for her anxiety towards dogs.
She also complained that she experiences pain in her wrist when it is cold and her right arm is sensitive to touch.
Marshall, who told the court that she is currently doing her articles in chartered accountancy, testified that she suffers from PTSD whenever she sees a dog. She testified that in 2016, she sought therapy from Catherine Johnson, a clinical psychologist, and had six sessions with her, from August 2016 to October 2016.
She stated that she then had a break and sought therapy again last year for three sessions. She said that the reason for seeking therapy again was that she roller-blades on the promenade and often feels anxious when she sees dogs running off a leash and towards her. This had happened on two occasions.
Marshall’s mother Gillian testified that after the incident, when she had lodged a complaint with the City Law Enforcement with a view to having the dog euthanised, Pillay telephoned her very upset and emotional and pleaded with her to withdraw her affidavit of complaint. She stated that she softened after hearing his distress and felt sorry for him and decided to withdraw the complaint.
Gillian also testified that Pillay’s wife told her that they would cover the costs of the hospital bills and enquired whether they had medical aid.
She said that she had a hospital plan, but that the Pillays, although having paid an amount of R13 185.04 towards the medical bills, did not pay the full amount as there was still a shortfall of R50 752.65.
The case would later be reinstated. Giving some background to the matter, Judge Kusevitsky said: “It is common cause that the incident occurred on January 11, 2014. It is furthermore apparent from the sheriff’s return of service that the summons was served on March 2, 2017.
“This matter has a long history. In or around June 2020, a special plea was argued and subsequently dismissed. The matter was then referred back to the case management roll,” she said.
Meanwhile, in November 2020, in an attempt to resolve the matter, Pillay offered Marshall’s legal representative an amount of R50 000 in settlement of the claim, but Marshall rejected the offer and the case was finally heard over two days in June last year.