Grace Tsai v. Tony Ton Trinh Nguyen
Published: Jul. 16, 2016 | Result Date: Feb. 25, 2016 | Filing Date: Jan. 1, 1900 |Case number: 2015-1-CV-283567 Settlement – $180,000
Court
Santa Clara Superior
Attorneys
Plaintiff
Tanya Gomerman
(Gomerman Bourn & Associates)
Robert J. Hester
(Law Office of Tanya Gomerman)
Defendant
Martin W. Mertes
(Carbone, Smoke, Smith, Bent & Leonard)
Facts
Grace Tsai, 56, sued Ton Trinh and Tony Nguyen in connection with a trip and fall incident involving a dog that allegedly occurred on Aug. 7, 2013.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff was allegedly walking her small, leashed dog, when another dog attacked her and her dog. Plaintiff claimed the other dog's leash wrapped around her legs, causing her to trip and fall. She sustained injuries as a result and sued the dog's owners for negligence.
Damages
Tsai sought $67,367 in medical expenses and recovery for past and future pain and suffering.
Injuries
Tsai fell and fractured her foot, ankle, and shin. A bystander helped free Tsai from the attacking dog's leash. Tsai underwent surgery on Aug. 23, 2013, to repair her multiple fractures, which she then followed up with physical therapy. She remained an inpatient at the hospital until she was eventually discharged on Aug. 25. Tsai continued to experience pain and was restricted. She also had to wear a CAM boot and had to use crutches to move about. She continued to have mobility issues.
Result
The parties reached an $180,000 settlement.
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