Facts

On July 24, 2010, plaintiff Caryn Wilks was holding her dog on a leash while riding her bicycle. At some point, another dog charged toward Wilks. As a result, Wilks' dog started to run toward the other dog and Wilks released the leash causing her to fall from her bicycle. Wilks sued Tim Wallace, believing he was the owner of the dog that ran into the street. Wallace was renting property owned by Yung Min Tuan, who Wilks also sued.

In a deposition, Wallace testified that Sam Foung was the actual owner of the dog. Wilks reached a settlement with Tuan for $25,000 at his insurer's policy limits and the only defendants left in the case were Wallace and Foung.

PLAINTIFF'S CONTENTIONS:
Wilks contended that the dog that ran from the property actually belonged to Foung. Wilks claimed that once the dog, which was unleashed, entered the street it was in violation of the Los Angeles County lease law ordinance. Wilks also claimed that even though the dog never got closer than 50 feet from her, it was still the cause of the accident.

DEFENDANT'S CONTENTIONS:
Wallace argued that he didn't own the dog and that it actually was Foung's dog. However, Foung also alleged that he didn't own the dog and that he wasn't there to see what happened.

Settlement Discussions

Wilks made a policy demand and CCP 998. Allstate offered $10,000.

Damages

Wilks requested $100,000 in future medical expenses, $84,000 in past lost wages, $134,000 in future lost earnings, pain and suffering damages, and $53,104 in stipulated past medical costs.

Injuries

Wilks sustained a fracture to her tibial plateau, and had to undergo internal fixation, open reduction and physical therapy.

Result

The jury awarded Wilks $346,504, which was reduced to $207,902 because Wilks was found to be 40 percent responsible. The jury found Foung to be 40 percent responsible and Wallace 20 percent responsible, however the jury also that Wallace was acting as an agent for Foung while watching Foung's dog. Therefore, the jury found Foung was also responsible for Wallace's negligence.

Deliberation

1.5 days

Poll

11-1

Length

three days