Facts

Miguel Gutierrez was employed as a maintenance worker for Motel 6 in Sacramento. On the day he was working, four detectives from the County Sheriff's Department arrived at the motel to serve an arrest warrant for two felony suspects who were staying at the hotel. Cynthia Peters and Mark Parr were wanted for a robbery and had two pit bulls with them in the room. As the detectives approached the couple's room, Gutierrez was making his rounds and approached them. The detectives motioned for him to pass them by. The pit bulls exited the room just as plaintiff passed and attacked him causing serious injuries to his arms and legs. The dogs were shot and killed by the detectives as they attacked Gutierrez.

Gutierrez sued the county of Sacramento for the dog attack. It was noted at trial that the pit bulls were removed from Peters and Parr following a prior attack. They were stolen from Animal Control before they could be euthanized.

PLAINTIFF's CONTENTIONS:
Gutierrez alleged that the county, especially the Sheriff's Department, had knowledge of the break-in and knew that the vicious pit bulls were with the suspects at the motel. He further claimed that the detectives put him at risk in allowing him to walk directly by the room where the suspects and the vicious dogs were located.

DEFENDANT'S CONTENTIONS:
The county denied liability.

Damages

Gutierrez sought $124,419.82 in damages for past medical costs; $750,000 for past pain and suffering; and $300,000 for future pain and suffering.

Injuries

Gutierrez was taken to the emergency room following the attacks. He sustained severe dog bit wounds on his arms and legs. He underwent an emergency skin grafting and received sutures for his wounds. He followed up with weeks of therapy for his left hand due to nerve damage. He was left with scarring and limited use to his left arm. He missed work from the date of the accident until March 29, 2010, and has been limited by his left hand residuals since returning from work.

Result

The jury found the county 20 percent liable and assessed 40 percent fault on Motel 6 and 40 percent fault to Peters and Parr. Gutierrez was awarded $124,419.82 for past medical costs, and $850,000 for past and future pain and suffering and emotional distress, but was reduced by 80 percent to $194,883.96.

Deliberation

seven hours

Poll

11-1 (negligence), 10-2 (apportionment)

Length

seven days