Pamela Cross v. Aspen Pet Products Inc.
Published: Jul. 15, 2003 | Result Date: Jan. 22, 2003 | Filing Date: Jan. 1, 1900 |Case number: SC063826 Verdict – $68,706
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Richard P. Dieffenbach
(Tyson Mendes LLP)
Experts
Plaintiff
Irvin Benowitz
(medical)
Bernd S. Givon
(technical)
Defendant
Richard C. Warner
(technical)
Ron Berman
(technical)
Facts
The plaintiff attempted to reach her dog leash by turning its "pinch" or "prong" collar. While attempting to do this, the little finger on her left hand became entrapped in a link in the collar. When she attempted to shake her finger loose, the collar amputated a third of her finger. She sued the manufacturer of the collar, the defendant, Aspen Pet Products Inc.
Settlement Discussions
The plaintiff demanded $75,000; the defendant offered $10,000.
Injuries
The plaintiff sustained a partial amputation of the little finger on her right, dominant hand.
Result
The jury returned a gross verdict of $68,706 and found the defendant 25 percent negligent, and the plaintiff 75 percent comparatively negligent. This resulted in a net award of $17,707 to the plaintiff.
Other Information
The plaintiff filed a cost bill for $4,810. The court allowed costs of $3,175 and allowed attorney's fees per motion (C.C.P. section 2033) of $4,500.
Deliberation
one day
Length
four days
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