Dorothy Hill v. Shirley Keagan, Commercial Fence & Iron Works Inc.
Published: Oct. 21, 2003 | Result Date: Sep. 18, 2003 | Filing Date: Jan. 1, 1900 |Case number: VC036923 Verdict – $371,525
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Barry B. Novack
(Law Office of Barry B. Novack)
Defendant
Michelle M. Lambre
(Mavredakis, Cranert & Crawford)
Christopher M. Sheedy
(Calendo, Puckett & Sheedy LLP)
Experts
Plaintiff
Robert H. Roth
(medical)
Facts
The plaintiff, an 82-year-old female who lived with her daughter and son-in-law, was severely bitten by a dog (a German Shepherd/Chow mix) owned by the defendant. On March 11, 2002, the plaintiff's daughter and son-in-law were having the wooden fence separating their property from the defendant's property replaced. The defendant was given two weeks notice of the work and was told to ensure that her dog would be tied up so that it could not run loose. The defendant was also given a reminder the day before the work was due to be done. The plaintiff's son-in-law offered to assist the defendant in tying up the dog, but the defendant declined as she did not wish to run the risk of the dog biting him. The defendant, who had no experience of tying up the dog before, poorly tied up the dog using a plastic flea collar. She attached a chain leash to the flea collar and then attached the chain to a post in her backyard. She then left for work and left the dog unattended and unsupervised. The defendant Commercial Fence was contracted to put up a temporary chain link fence before taking down the old fence. The plaintiff's son-in-law had paid for half of the temporary fence when he made his deposit for the new fence. Commercial Fence argued that a temporary fence would be installed only if needed and interpreted that to mean only if the job was not completed in one day. During the morning, the dog ran loose between the two properties. When the plaintiff and her daughter learned that the dog was running loose, they went outside to inspect. The plaintiff's daughter was nipped by the dog and went inside leaving her mother alone with the dog. The plaintiff was jumped on by the dog, knocked her to the ground and began biting her. The worker from the fence company heard her screams, went over to her and the dog ran away. Following the attack, Animal Control arrived and took the dog away and had it put to sleep. The defendant was aware that the dog had bitten two people in the past and that both these people required medical attention.
Settlement Discussions
Pre-trial, the plaintiff demanded $300,000 from the dog owner and $450,000 from the fence company by C.C.P. Section 998. At the start of trial, the judge recommended a settlement figure of $100,000. This was accepted by the plaintiff but rejected by the defendants.
Specials in Evidence
$11,332 $35,000 for ulnar fusion if required
Injuries
Multiple dog bites to both upper extremities with abrasions, non-union distal left ulna, boutonniere deformity, right ring finger.
Result
The court struck punitive damages after the verdict and before its announcement findings there was insufficient evidence of despicable conduct on the part of the dog owner. Punitive damages had been bifurcated from the trial. On the cross-complaint, the case against Larry Hulsey was dismissed before the verdict, and the jury returned a verdict in favor of the cross-defendant Laura Hulsey.
Deliberation
one day
Poll
12-0 (for plaintiff), 9-3 (on the apportionment of liability)
Length
five days
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