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
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390