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Personal Injury
Dog Bite
Strict Liability

Mario Ernesto Flores, Ana Cristina Flores v. Dora Ortiz

Published: Jul. 9, 2011 | Result Date: Jan. 10, 2011 | Filing Date: Jan. 1, 1900 |

Case number: CGC09487637 Settlement –  $150,000

Court

San Francisco Superior


Attorneys

Plaintiff

Eric L. Lifschitz
(Lifschitz Law)


Defendant

David E. Hunter
(JAMS)


Experts

Defendant

Howard J. Friedman Ph.D.
(medical)

Facts

Mario Flores owned a dog, which was named BooBoo. On Jan. 11, 2009, Flores was walking BooBoo on a leash in a park, when a large unneutered pit bull, which was named Oso, attacked BooBoo. Flores sued Oso's owner, Serafin Rosas, alleging strict liability, negligence, and negligent infliction of emotional distress. Flores' wife sued for loss of consortium.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that Oso attacked BooBoo. Further, plaintiffs claimed that Rosas came up to Flores and BooBoo with another pit bull Caha, and when Rosas took off Caha's leash to put it on Oso, Caha allegedly attacked Flores.

Settlement Discussions

Plaintiffs demanded $250,000 at the policy limits.

Damages

Plaintiff sought $50,000 in economic damages, and $250,00 in pain and suffering.

Injuries

Plaintiff suffered dog bites on his hand and ear, and emotional distress. He also required surgery to remove scar tissue on his radial sensory nerve.

Result

The parties settled for $150,000.

Other Information

INSURER: Farmers Insurance


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