Florida Jury Verdict Reporter

Pasco County 2022

(34) JEFFREY PELSZYNSKI and ROBYN PELSZYNSKI vs. OLGA DORONDOVA (Circuit Court of Pasco County, 6^th Judicial Circuit, Florida)
County/Docket #/Judge: Pasco / 2018-CA-001339 / Kimberly Sharpe Byrd
Plaintiff(s) Attorney(s): Wesley Dicus, Sr., and Ryan S. Burke of Dicus & Burke, PLLC, St. Petersburg, FL
Defendant(s) Attorney(s): Pro Se
Age/Sex/Occupation Of Plaintiff: n/a
Cause Of Injury: Real Property/Negligence/Negligence Per Se/Property Damage/Open Fire Spreads to Neighboring Property/Dog Bite Counterclaim. On May 4, 2018, plaintiffs Jeffrey Pelszynski and Robyn Pelszynski, the owners of real property located at 16940 Jetson Drive in Spring Hill, FL, filed suit for negligence and negligence per se against their neighbor, defendant Olga Dorondova, who owned the property located at 16916 Jetson Drive. Plaintiffs claimed that on Jan. 22, 2018, defendant conducted an open burn on her property and that the fire spread to plaintiffs' property, causing severe damage to their property. Plaintiffs alleged that defendant’s open burning was in violation of local law and that it was reasonably foreseeable that said violation would result in the escape of fire and damage to the property of others.
Defendant denied that she was responsible for the fire. Defendant also asserted a counterclaim against plaintiffs, alleging that she sustained permanent injuries after being attacked and bitten by plaintiffs’ dog when she entered their property at the time of the fire. Defendant claimed that plaintiffs were strictly liable for her damages.
Plaintiffs denied defendant’s counterclaim. Plaintiffs argued that their property had a prominently placed, easily readable “Beware of Dog” sign and that any injuries allegedly suffered by defendant, who was trespassing on their property, were caused by her own negligence.
Nature Of Injury: Property damage; personal injuries (counterclaim).
Expert Witnesses: n/a
Plaintiff's:
Robert Malke, Valuation, Clearwater, FL
Defendant's:
n/a
Verdict: $50,000 for Plaintiffs on negligence claim; For Plaintiffs on counterclaim on Feb. 23, 2022.
Judgment: $50,000 for Plaintiffs on negligence claim; For Plaintiffs on counterclaim on March 11, 2022.
Editor’s Note: While the jury found that defendant was bitten by plaintiffs’ dog, it also found that there was an easily readable “Beware of Dog” sign posted on plaintiffs’ premises.