Confidential
Settlement – $150,000Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Robert P. Hamilton
(ADR Services)
Experts
Plaintiff
Frank J. Piro
(medical)
Edward Falces
(medical)
Phillip F. McGinn
(medical)
Facts
On July 12, 1994, Plaintiff, a 48-year-old underemployed female caregiver for elderly, had just returned home from a dinner/job interview. Her roommate was engaged in a conversation with Defendant, their next door neighbor. Defendant was holding his dog, Max, on a retractable leash. Plaintiff joined in the conversation and directed her attention to Max, a cocker spaniel. When Plaintiff knelt to pet the dog, the dog lunged forward and bit Plaintiff's nose, biting off a piece of cartilage and ripping open one side of Plaintiff's nose while knocking her backward and onto the ground. Three witnesses to this incident agreed that, during this conversation and prior to the bite, no warning was given and Defendant had not attempted to restrain or remove Max from close proximity with Plaintiff.
Settlement Discussions
Plaintiff contends she made a 998 demand for the policy limits of $300,000 on July 7, 1995; and Defendant made no offers prior to mediation.
Specials in Evidence
$3,000 not claimed $8,700
Injuries
Bite severance of the right side of Plaintiff's nose resulting in loss of a portion of her cartilage requiring emergent care, suturing, and 2 future corrective surgeries; ongoing emotional distress; residual right nostril airway passage inhibition, difficulty clearing nose, numbness/itching, and scarring requiring future surgery.
Other Information
This case was filed on December 28, 1994; six and one-half months prior to this result. This settlement was reached with the mediation assistance of Hon. Rebecca Westerfield.
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