Robert Turner Jr. v. Joann Camara, Manuel Camara
Published: Aug. 10, 2004 | Result Date: May 20, 2004 | Filing Date: Jan. 1, 1900 |Case number: HG03089855 Verdict – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Peter Swann
(medical)
Ernest Bonner
(medical)
Ofer Eibschutz
(medical)
Defendant
Paul R. Perchonock
(medical)
Facts
Robert Turner, 49, was a postal carrier. Joann and Manuel Camara owned a golden retriever/shepherd dog. Turner sued the Camaras, alleging that they were negligent in the supervision of their dog. According to Turner, he was delivering mail to the Camaras' home when their dog darted out of an unsecured screen door. When he tried to turn and deflect the dog's charge with his canvas bag, he was knocked to the ground. Turner asserted that he scraped his elbows on the ground as he fell on his back. He shuffled back on his heels and elbows several feet before regaining his balance near the Camaras' van. The Camaras contended that Joann was in the kitchen shortly before the incident. The front door of the house was open and the screen door was shut. She heard the dog barking and the sound of the screen door opening. Joann ran out the door after the dog and watched as it approached Turner. Joann maintained that when the dog was about four feet from Turner, he struck the dog across the neck and back with his mailbag. Turner lost his balance and leaned up against the van, which was parked in the driveway. Turner denied that Joann saw the attack or his fall.
Settlement Discussions
Turner demanded $7,500. The Camaras made a C.C.P. Section 998 offer of $1,001.
Injuries
Turner claimed that he injured his elbows and back. The Camaras' emergency medicine expert testified that there were no objective findings in Turner's medical records and that Turner had ongoing back complaints for years prior to the alleged dog attack.
Deliberation
25 minutes
Poll
11-1 (negligence)
Length
four days
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