Tracey Normoyl vs Robert Wagner
<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0><script> (function(i,s,o,g,r,a,m){i['GoogleAnalyticsObject']=r;i[r]=i[r]||function(){ (i[r].q=i[r].q||[]).push(arguments)},i[r].l=1*new Date();a=s.createElement(o), m=s.getElementsByTagName(o)[0];a.async=1;a.src=g;m.parentNode.insertBefore(a,m) })(window,document,'script','//www.google-analytics.com/analytics.js','ga'); ga('create', 'UA-47423994-1', 'fortunecity.ws'); ga('send', 'pageview'); </script> <center> <br> <div> <script language="javascript" type="text/javascript" src="http://ad.broadcaststation.net/ads/show_ad.php?width=728&height=90"></script> </div> </center> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" colspan=2 height=80 BGCOLOR="#000000" TEXT="#F7F7FF" bgproperties="fixed" background="04d00500dvldtc.gif"> <div> <B>Tracey Normoyl vs Robert Wagner</B></div> <bR> <div> </div> </td> </tr><tr> <td valign="top" width=210 BGCOLOR="#000000" TEXT="#F7F7FF" background="04ed2c00dvldtc.gif"> <div> <IMG SRC="058a0780.gif" border=0 width="160" height="120" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <div> <A HREF="mailto:Dogbite@lvcm.com " TARGET="_top" TITLE="mailto:Dogbite@lvcm.com "><U><IMG SRC="06e373c0.gif" border=0 width="55" height="60" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A></div> <div> <FONT SIZE="2" COLOR="#FF0000" FACE="Arial" >Respond Here. For our </FONT><FONT SIZE="2" COLOR="#FFFFFF" FACE="Arial" >protection in the spread of </FONT><B>a</B>ntrax ,use Electric Mail<FONT SIZE="3" COLOR="#FFFFCC" FACE="Arial" > </FONT></div> <div> Thank you<FONT SIZE="3" COLOR="#FFFFCC" FACE="Arial" > </FONT></div> <bR> <bR> </td> <td valign="top" height=400 BGCOLOR="#000000" TEXT="#F7F7FF"> <bR> <div> <A HREF="id17.htm" TARGET="_top" TITLE="Post Attack Photos "><U>Post Attack Photos </U></A></div> <div> <A HREF="id18.htm" TARGET="_top" TITLE="Medical Reports Billing "><U>Medical Reports & Billing </U></A></div> <div> <A HREF="id20.htm" TARGET="_top" TITLE="Statement of Fact"><U>Statement of Fact</U></A></div> <div> <A HREF="id25.htm" TARGET="_top" TITLE="Case Assessment"><U>Case Assessment</U></A></div> <bR> <bR> <div> February 26, 2002 <IMG SRC="0c589200.gif" border=0 width="137" height="32" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <bR> <div> <A HREF="http://www.amfam.com/" TARGET="_top" TITLE="http://www.amfam.com"><U><B>American Family Insurance Group</B></U></A></div> <div> Attn: Mary Beth Grieb:</div> <div> P.O. Box 190393 </div> <div> ST Louis, MO 63119</div> <div> Tel: (314) 644-5945</div> <div> <A HREF="mailto:mgrieb@amfam.com" TARGET="_top" TITLE="mailto:mgrieb@amfam.com"><U>mgrieb@AmFam.com</U></A></div> <bR> <div> RE: Claim Number: 141-338138</div> <div> Our Insured: <B>Robert E. Wagner</B></div> <div> Date of Loss: 1-23-00</div> <div> Our Client: <B> Tracey Normoyle</B> (minor)</div> <bR> <div> <B>Dear Ms. Grieb:</B></div> <bR> <div> Imagine yourself a 17 year old girl with boys, the only thing on your mind. Your young healthy and beautiful, full of life and reaching independence. You are walking threw the quiet neighborhood visit your best friend Katie Underwood and squeal about the events of the day. Suddenly you freeze in paralyzing fear because you encounter 55 pounds of snarling snapping teeth. That’s half your body weight. Then, two more of the same ravenous beast surround you. Then, they attack. You naturally block your face and throat with your forearms so the predators naturally go for your legs to bring you down. You go into adrenaline shock. Your young life is about too end in a most horrifying and grisly way . Eaten Alive! </div> <bR> <div> This happened to young Tracey Normoyl in a rule St. Louis neighborhood on January 23 2000. </div> <bR> <div> <I>Previously on January 10,2000 Animal Control captured the three loose dogs . Tne owner, Robert Wagner, was cited for his menacing dogs being at large and not vaccinated against the rabies virus. In fact the dogs were recorded to be vaccinated on January 20, 2000 after being quarantined 10 days. Just 3 days prior to the January 23, 2000 attack on this minor. </I></div> <div> </div> <bR> <div> Mr. Ashley Underwood,<I> her best friends father</I> , bounded courageously from his vehicle to defend the child from the impending carnage. The huge dogs backed off their downed prey as Mr. Underwood fiercely threatened them and claimed there injured victim. He picked up Tracy in his arms and carried her to his car which was closer than his front door. He took her to his home which just a few hundred up street. By sheer luck he had been circling the block so not obstruct traffic. He was awaiting his wife to come out to go too the Rams football game. This is the only reason this Tracey Normoyl is alive. </div> <bR> <div> <B>911</B></div> <bR> <div> Tracey's mother, Patricia Frazer and paramedics were called and arrived at Mr. Underwoods home were Tracey was treated. Peace Officer, <B>Joseph S. Kornberger</B> also arrived at the scene to investigate. The peace officer was charged by the dogs, however, when he drew his service revolver and yelled he was able to retreat without injury. </div> <bR> <div> On January 24, 2000, Tracy Normoyle was examined and treated by Robert Aisenstat, MD. Antibiotics were prescribed and the wound cleaned. The dog bite wounds are graphically depicted in the photographs set forth on this site. Multiple dog bite punctures and lacerations to both legs. Defense wounds to both forearms and arm (protecting her throat and face) were present as well as soft tissue and cartilage injury to her knee. This would be the beginning of two years of medical treatment and assorted therapy.</div> <bR> <div> An investigation was conducted by the Law Department of <B>Thomas J. Ray</B>, City Counselor, who relied upon the factual investigation of the St. Louis Police Department and Animal Control. The dogs were impounded and found to be at dangerous and large man killers. All three dogs were destroyed. </div> <bR> <div> <B>TWO YEARS OF MEDICAL TREATMENT:</B></div> <bR> <div> As is the case with the majority of dog bites, this being no exception, the wound was infected with harmful bacteria caused by the multiple dog bites of three dogs. The symptoms onset as noted on the March 6, 2000 patient call slip, nausea, dizziness. The swelling knee problem caused by the dog attack. The cartleg and chip bone are begining are begining to swell, Tracey is great pain!</div> <bR> <div> On March 8, 2000, Tracy was again examined by Robert Aisenstate, MD for pain to the knee. The knee has become considerable worse and it was very difficult to stand or walk because of the knee injury caused by the dog attack. Robert Aisenstate, MD, referred Tracy to Dale Doerr, MD, an orthopedic surgeon for evaluation for the knee injury. In anticipation of Dr. Doerr's examination, an MRI was prescribed for the knee at Des Peres Hospital. The MRI was conducted on March 9, 2000. </div> <bR> <bR> <div> The radiologist, Catherine Beal, MD, opined that Tracy suffered an anterior cruciate ligament tear.</div> <bR> <div> On March 14, 2000, Dale Doerr, MD examined Tracy and noted that she had difficulties walking. The patient was undergoing physical therapy. Dr. Doerr opined that the finding of an anterior cruciate ligament tear did not correlate with the patient's symptoms of the injury. On examination of the left knee, a positive patella grind was found. The doctors diagnosis was that of chondromalacia of the patella. Dr. Doerr prescribed anti-inflammatories and continued physical therapy. This is also typical of zoontonic disease</div> <bR> <div> Robert Aisenstate, MD, examined Tracy again in lieu of Dale Doerr's recommended followup. It was determined that the patella was chipped and there was no surgical intervention recommended for this injury and that Tracy should continue with physical therapy through Healthsouth and just have to live with the pain. Tracy had (3) three sessions of prescribed physical therapy, March 12, 2000, March 21, 2000, and March 27, 2000 and continued the instructive physical exercises at home. </div> <bR> <div> A plastic surgeon consultation was sought by Tracy Normoyle on April 4, 2001 at St. Louis Cosmetic Surgery, over one year after the dog bite attack to permit the scars to Aset.@ See consultation/medical report dated April 4, 2001 dictated by Herluf G. Lund, Jr., MD. The consult report notes punctures in the right upper calf where she has an abrasion puncture and puncture to mid calf. Both sites are hyper pigmented. It is opined that these scar sites cannot be benefitted by scar revision. On the left leg are numerous severe scrapes scars which are hyper pigmented. Likewise it is opined that these numerous severe scrapes cannot be benefitted by scar revision. Additionally, there exists small puncture areas which are fairly flat in character, which should continued to be observed for scar formation but at this time it is opined that the site cannot be benefitted by scar revision. In the knee area and thigh, in particular, there are three scar areas which would definitely benefit from surgical intervention, by way of revision with excision of the scar tissues and multiple layered closure. The estimated fees for the proposed scar revision would be $1700.00 for the surgeon=s fee and $650.00 for O.R. fees. </div> <bR> <div> MEDIAL BILLS:</div> <bR> <div> Robert Aisenstate, MD (Grandel Medical) $ ? (3 physical exams & 2 phone consults)</div> <div> Antibiotic Prescription (Augmentin) $ ? (Prescribed by Robert Aisenstate, MD)</div> <div> MRI (Des Peres Hospital) $1938.00 </div> <div> Radiologist fee $ ? (Catherine Beal, MD)</div> <div> Dale Doerr, MD $ ? (1 exam)</div> <div> Physical Therapy - Healthsound $ 494.00 (Prescribed by Robert Aisenstate, MD)</div> <div> Plastic Surgery Exam/Report $300.00 (St. Louis Cosmetic Surgery)</div> <div> Scar Revision Surgery $2350.00 (St. Louis Cosemtic Surgery)</div> <bR> <div> Total $5,082.00 </div> <bR> <bR> <bR> <div> Efforts have been made to obtain the missing medicals without success to date. Grandel Medical (Aisenstate, MD and Doerr, MD) has been purchased by Southwest Medical Center which to date has failed to provide the incurred professional medical bills.</div> <bR> <div> LOSS OF WAGES:</div> <bR> <div> At the time of the dog attack, Tracy Normoyle, was a student and employed at K-Mart. The job at K-Mart was part time employment/weekend employment. She estimates she missed 2-3 work days. The hourly rate was between $6.50 - $7.00 an hour. </div> <bR> <div> 3 days (24 hours) x $6.50 an hour = $156.00.</div> <bR> <div> GENERAL DAMAGES:</div> <bR> <div> Valuation Points:</div> <bR> <div> (1) The dog attack was a terrifying, painful, traumatic event; $15,000.00 . ($5,000.00 x 3 dogs)</div> <div> (2) Tracy dropped out of school as a result of this dog attack, $ 5,000.00</div> <div> she missed the last semester of high school/education, a</div> <div> High School Degree accompanied by graduation, loss of </div> <div> self esteem, high school prom and other important life </div> <div> experiences associated with completion of an education </div> <div> She felt herself a deformed freek. She grew quite depressed.</div> <div> (Tracy Normoyle did obtain her GED);</div> <div> (3) Pain & Suffering: (this includes the duration of the healing $15,000.00</div> <div> process, of the dog bite wounds and knee injury, and resulting</div> <div> trauma, nightmares; The onset of anxiety and Phobias</div> <div> (4) Permanent Disfigurement: the legs of this unmarried 17 year $25,000.00</div> <div> old girl were attractive before she sustained the scars </div> <div> which largely cannot be revised, and therefore, are permanent </div> <div> and life time in nature, she is embarrassed and ashamed about</div> <div> the way her legs look, and she refuses to wear any clothes which</div> <div> show her legs of which she was once proud ;</div> <div> </div> <div> (5) Permanent Impairment to Kneed: $25,000.00 </div> <div> the bone chip is a permanent impairment and will always </div> <div> cause pain, inflammation and discomfort, but most important</div> <div> it affects her ability to ambulate; Also causing a degenerative bone </div> <div> disorder. Which is lifetime in nature.</div> <bR> <div> Renowned expert in the psychology of <I> treating self-esteem</I> <I>and vanity</I> is Beverly Hills Plastic surgeon ( …….. )</div> <div> In his report on Tracey Normoyl he states, and I quote “This young lady was raped of her natural beauty and self-esteem. We maybe able to remove some of the physical scars but this trauma will effect her for life.” </div> <bR> <bR> <div> Its clear that Robert Wagner raised 3 cold-blooded methodical killers which he allowed by his negligence, to prey on human victims. It is hard to understand why he has not yet been charged with criminal negligence , Jailed and fined.</div> <bR> <bR> <div> CONCLUSION:</div> <bR> <div> I feel there is no other choice. We hereby demand and claim damages in the sum of $85,000.00. in compensatory And an additional $50,000 in punitive damages. That is $135,000 or the limit tendered policy, whichever is greater. </div> <div> </div> <bR> <div> <B>BRUCE A. THABIT, ESQ.</B></div> <div> <B>Dog Bite a.p.c.</B></div> <bR> <div> <B>CC.</B></div> <bR> <div> Saint Louis co.</div> <div> Robert P. McCulloch Prosecuting Attorney</div> <div> <A HREF="mailto:pa@stlouisco.com" TARGET="_top" TITLE="mailto:pa@stlouisco.com"><U>pa@stlouisco.com</U></A></div> <bR> <bR> <div> Post Dispatch Editor</div> <div> <A HREF="mailto:pdeditor@post-dispatch.com" TARGET="_top" TITLE="mailto:pdeditor@post-dispatch.com"><U>pdeditor@post-dispatch.com</U></A></div> <bR> <div> Patricia Hageman, City Counselor</div> <div> City of St. Louis 314 City Hall St. Louis, MO 63103</div> <bR> <div> Jennifer Joyce,Circuit Attorney</div> <div> Municipal Courts Building 1320 Market Street, Room 330 St. Louis, MO 63103-2770Phone: 314 622-4941 </div> <div> Email </div> <bR> <div> Richard H. Polsky, Ph.D.</div> <div> Expert / Consultant in Dog & Cat Behavior</div> <div> Certified Applied Animal Behaviorist</div> <div> President, Animal Behavior Counseling Services, Inc.</div> <div> 2288 Manning Avenue Los Angeles, CA 90064</div> <div> <A HREF="mailto: dr.polsky@verizon.net" TARGET="_top" TITLE="mailto: dr.polsky@verizon.net"><U> dr.polsky@verizon.net</U></A></div> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> <bR> </td> </tr></table></body>