Brian Curt Phillips v. Wayne Campbell
Published: Jun. 20, 1998 | Result Date: May 14, 1998 | Filing Date: Jan. 1, 1900 |Case number: LC036949 Verdict – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
David B. Wasson
(Wasson & Associates Inc.)
Experts
Plaintiff
Karl E. Epstein
(medical)
Defendant
Avner I. Feldman
(medical)
Facts
Plaintiff Brian Curt Phillips, a 36-year-old contractor, alleged that while installing a chain link fence on the defendant's property, the defendant's dog "Otis" attacked and bit him. The plaintiff had permission to be on the premises, and there was no dispute as to the ownership of the dog. The plaintiff alleged the defendant admitted to seeing a cut on the plaintiff's finger that morning. The plaintiff reported the dog bite incident to the defendants that morning and then again at the Thousand Oaks Urgent Care Center later that same morning. This was confirmed by entries in the medical records. The defendant paid the plaintiff's medical bills and initially apologized for the behavior of his dog. The plaintiff brought this action against the defendant alleging strict liability.
Settlement Discussions
The plaintiff made a settlement demand for $100,000. The defendant made an offer of $12,000.
Specials in Evidence
$1,610 $6,600 $25,000 $8,800
Injuries
The plaintiff claimed he sustained a laceration to the right third digit, with neurologic injury consisting of a neuroma of the right third finger radial digital nerve. The nerve was partially cut and a surgery (neurolysis) was recommended. Complaints included residual, permanent sensory deficit. In addition, the plaintiff suffered chronic, electric-shock type pain which caused him to lose time from work. Plaintiff's residual injuries included chronic pain and residual, permanent sensory deficit.
Other Information
The verdict was reached approximately two years after the case was filed. A three-hour mediation was held before Judge Barnet M. Cooperman resulting in no settlement. The day before trial, Judge Cameron Wolfe denied the plaintiff's request for leave to file a First Amended Complaint to add a claim for punitive damages. After the plaintiff rested, Judge Leon Kaplan granted the plaintiff's motion to add a claim for punitive damages to conform to proof. The plaintiff dismissed defendants Louis Graham Campbell and Ruby Campbell and the cause of action for negligence against the dog owner, Wayne Campbell, before closing argument. The case was tried on strict liability and punitive damages, which was bifurcated. The jury never got to the issue of malice.
Deliberation
one hour
Poll
11-1
Length
nine days
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