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Personal Injury
Dog Attack
Strict Liability

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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