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Jury Finds Homeowner Not Liable in Delivery Driver Dog Case

Jury Finds Homeowner Not Liable in Delivery Driver Dog Case

SC

Sohini Chakraborty

Sohini Chakraborty is a lawyer, with over two years of experience in legal research and analysis. She specializes in working closely with expert witnesses, offering critical support in preparing legal research and detailed case studies.

3 min read
Jury Finds Homeowner Not Liable in Delivery Driver Dog Case

Case Background

The legal dispute began when Marcia Kerr filed a civil complaint against Alejandro P. Menaez Sr. in the Superior Court for the Judicial District of Fairfield at Bridgeport. The Plaintiff initiated the lawsuit following an incident on May 7, 2021, at a residential property owned by the Defendant located at 140 Pilgrim Road in Bridgeport, Connecticut. The case proceeded through the Connecticut Court system under docket number FBT-CV23-6124172-S. Attorney Nicholas R. Nesi represented Marcia Kerr throughout the litigation. Alejandro P. Menaez Sr. chose to represent himself as a self-represented party, filing his own legal response to the allegations. During the pre-trial phase, the Defendant submitted a formal answer on December 11, 2023, where he disputed several key facts of the Plaintiff’s account.

Cause

The incident occurred around 5:30 PM while Marcia Kerr worked as an Uber Eats driver delivering food to the Defendant's residence. Kerr alleged that after she dropped off the order at the front door, Menaez allowed two large dogs to exit the house. The dogs reportedly chased her toward a car in the driveway. To protect herself, Kerr claimed she jumped onto the hood of the vehicle while the dogs lunged and pinned her against the car.

Injury

Kerr asserted that the encounter caused her significant physical and emotional trauma. Her medical claims included sprains and strains to her left shoulder and her cervical, thoracic, and lumbar spine. She also reported suffering from muscle spasms, acute anxiety, sleeplessness, and post-traumatic headaches. The complaint stated these injuries interfered with her ability to work and led to a loss of enjoyment in her daily activities.

Damages Sought

The Plaintiff sought monetary compensation for her losses, specifically claiming an amount greater than $15,000.00. These damages were intended to cover medical expenses for physicians, physical therapy, and potential future medical care. She also sought recovery for lost wages and the general pain and suffering she endured due to the incident.

Key Arguments and Proceedings

Plaintiff: Marcia Kerr

  • Counsel for Plaintiff: Nicholas R. Nesi of Nicholas R. Nesi LLC

Defendant: Alejandro P. Menaez Sr.

  • Counsel for Defendant: Self-Represented (Alejandro Menaez)

Claims

The Plaintiff pursued two separate legal counts against the Defendant. First, she cited Connecticut General Statutes §22-357, which holds a dog owner strictly liable for damages unless the victim was trespassing or provoking the animal. Kerr argued she was lawfully on the property and never teased or abused the dogs. Second, she accused Menaez of negligence. She argued he failed to keep the dogs under reasonable control and failed to warn her of their aggressive tendencies despite knowing the risks they posed to visitors.

Defense

Alejandro Menaez Sr. filed a handwritten defense denying the entire account. He claimed that he and his family were sick with COVID-19 and confined to bed during the time of the alleged incident. He questioned the validity of the case, noting that Kerr never called the police or an ambulance if a real attack had happened. Menaez also presented a witness his son who reportedly saw Kerr sitting in the passenger side of a car while someone else drove. He argued that he had never even met the Plaintiff and suggested the allegations were untrue.

Jury Verdict

The trial concluded in the Bridgeport Superior Court. After reviewing the evidence, the jury reached a decision on February 19, 2026. The jury found the issues in favor of the Defendant, Alejandro P. Menaez Sr., and against the Plaintiff, Marcia Kerr. The Honorable Judge Figueroa Laskos accepted the "Defendant's Verdict" at 4:51 PM that day, determining that the Defendant was not legally responsible for the Plaintiff's claimed injuries

Court Documents

Complaint

Jury Verdict

About the Author

SC

Sohini Chakraborty

Sohini Chakraborty is a lawyer, with over two years of experience in legal research and analysis. She specializes in working closely with expert witnesses, offering critical support in preparing legal research and detailed case studies.