This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Premises Liability
Dog Bite

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

Thomas I. McKnew Jr.

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


#102487

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390