Posted on 08/12/2002 7:31:32 AM PDT by Cagey
The Homewood woman who sued Ed's Pet World for $5 million after an Amazon parrot bit her in the face last year has won a $3,000 jury award in the case.
A Jefferson County jury this week issued the verdict following a two-day trial in the negligence lawsuit before Circuit Judge Allwin Horn III. Cynthia Powers claimed Charlie the parrot swooped down on her last August, bit her under the eye and left her bruised and scarred. She sued pet store owner Louie Edward Cosby II and Ed's Pet World.
"We argued that the parrot was out of its cage when he shouldn't have been and that showed negligence on Ed's Pet World," said plaintiff's lawyer Steve Guthrie. "The jury agreed with that."
Guthrie said the majority of damages they expected were punitive to be used to punish and deter other pet store owners from such behavior. Guthrie said the judge decides whether to give a jury instructions on punitive damages. He said the judge refused to give such instructions, leaving the jury to hear only instructions on compensatory and medical damages.
Guthrie said he is happy with the $3,000, which is for medical bills. He did not know if his client will appeal.
Efforts to reach defense lawyer Thomas S. Creel were unsuccessful.
Defense court records said the plaintiff did not present clear and convincing evidence that the defendant intentionally caused the injury and that she should not be awarded punitive damages.
Defense records also said Charlie has never attacked or injured any patron at the pet store in the 10 years that he has lived there.
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