Confidential
Settlement – $350,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Darren O. Aitken
(Aitken Aitken Cohn)
Defendant
Theodore M. Endres
(Law Office of Robyn N. Jones-Williams)
Experts
Plaintiff
David W. Furnas
(medical)
M. Polly McKinstry
(medical)
David R. Garland
(technical)
Defendant
Mark E. Krugman
(medical)
Ron Berman
(technical)
Facts
The plaintiffs were the defendantsÆ neighbors and had been invited by the defendantÆs minor
daughter to swim in the backyard of the defendantsÆ home. The defendants owned an eight year
old golden retriever. Soon after arriving at the defendantsÆ home, the minor plaintiff, a child of
the plaintiffs, was savagely attacked by the defendantsÆ golden retriever who bit into the childÆs
face and head. The minorÆs parents rushed to their sonÆs aid but not before severe facial injuries
had been sustained. The plaintiffsÆ other child, also a minor, witnessed the entire accident.
Specials in Evidence
$20,992 The possibility exists for future cosmetic surgery.
Injuries
Immediately following the attack, the injured plaintiff was rushed to ChildrenÆsÆ Hospital where he was treated with sustained multiple complex lacerations of the right upper eyelid, right lower eyelid, right malar region, right forehead, anterior neck, publingual and lower lip mucosal line. Subsequently, the plaintiff underwent the first of several surgeries to repair the extensive eyelid, facial and scalp lacerations to the right side of his face. A year later, he underwent additional surgery to repair his indented cheek. The plaintiff minor has suffered a dramatic emotional impact as a result of the accident and the subsequent surgeries. He feels that others ridicule his appearance and has undergone psychological counseling.
Other Information
The settlement of $350,000 was divided as to: $325,000 for the minor plaintiff; $10,000 for each of the parent plaintiffs, and $5,000 or the second minor plaintiff based upon the negligent infliction of emotional distress (Dillon v. Legg) on account of her observance of the attack.
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