Facts

Tri Minn Thai, an employee of the U.S. Postal Service, was walking on a sidewalk in front of Marilyn Hershaft's home. Thai, 55, was about to deliver mail to the home when Hershaft's Doberman Pinscher ran to Thai, bit him and knocked him over. The dog was unleashed at the time. Thai sued Hershaft on a strict liability theory under Civil Code Section 3342 and under Los Angeles County Municipal Code Section 53.06, which requires dogs to be on a leash. Hershaft filed a cross claim against Avi Construction, claiming its employees failed to follow instructions to close a gate after they completed repairs at her home.

Avi Construction contended that its employees had closed the gate and it was therefore not responsible for the dog bite.

The defense challenged the plaintiff's need for both counseling and plastic surgery and reduced the amount of damages to reflect this contention. The defense further contended that future medical costs should not be awarded.

Settlement Discussions

The plaintiff demanded $100,000. The defendant offered $20,000.

Damages

The plaintiff sought damages for pain and suffering.

Injuries

As a result of the dog bite, the plaintiff suffered a punctured artery in his left arm. He was treated at Cedars Sinai Medical Center. The plaintiff had to wear a splint for one month and also suffered a permanent scar and weakness in his arm. After the incident, the plaintiff suffered anxiety and depression requiring counseling.

Result

The case was initially filed in Superior Court. By stipulation, it was agreed to submit to binding arbitration before Judge Bernard Kaufman, retired. There was a $100,000/$20,000 high/low agreement. Arbitration took two days. The arbitrator awarded Thai $60,500.

Other Information

Defendant Avi Contstruction successfully defensed the cross claim filed against it by Hershaft via binding arbitration, and was found to have no responsibility for plaintiff's injuries.