Wheaton v. Guthrie

Order and amended judgment unanimously modified in accordance with memorandum and, as modified, affirmed, without costs, and matter remitted to Supreme Court, Wyoming County, for a new trial on the issue of damages. Memorandum: Plaintiffs Hazel and Theodore Wheaton brought this action to recover for injuries sustained by Hazel Wheaton in an incident involving defendant’s Labrador Retriever, Kuro. The case was tried by a jury which returned a verdict in the amount of $70,000 for Hazel and $50,000 for Theodore on his derivative action. The court granted defendant’s motion to set aside the…