Facts and Background

• Facts and Background:

  60-year-old plaintiff, working as a mail carrier, was delivering mail when a resident's 10-pound dog ran out the front door and bit her right hand. Plaintiff was seen initially at urgent care and then continued care for nearly one month through workers' compensation before being release to full-time duty.

  Plaintiff developed some compensating pains to her spine for which she sought chiropractic treatment. Nearly two years post-incident, plaintiff reported more right-hand symptoms that led to a diagnosis of carpal tunnel syndrome. Plaintiff underwent a nerve study and cortisone injections before receiving a recommendation for carpal tunnel surgery.

  Plaintiff has not yet had the opportunity to undergo carpal tunnel surgery. Plaintiff was able to return to work full time but she was not able to continue her usual overtime work hours, which resulted a claim for past and future lost earnings.

• Plaintiff's Contentions:

  That subject dog bite caused compensating injuries to plaintiff's spine and caused carpal tunnel syndrome, necessitating surgery. The resultant dog bite limited plaintiff's ability to return to working overtime. This loss resulted in approximately $10,000 per year, and in the future for an additional five years until retirement.

• Defendant's Contentions:

  Defendant admitted fault for the strict liability dog bite and that the bite caused some harm; that the injury warranted no more than one month of medical care and one month off work. Defendant contended that the dog bite did not result in carpal tunnel syndrome, but rather, the carpal tunnel syndrome was caused by overuse and plaintiff's risk factors of obesity, diabetes, and menopause.