Gina Mendoza, by and through her Guardian ad Litem, Francine Mendoza v. Alex Martinez, Deanna Martinez
Published: Jun. 6, 2009 | Result Date: Dec. 18, 2008 | Filing Date: Jan. 1, 1900 |Case number: RIC430763 Verdict – Defense
Facts
Plaintiff Gina Mendoza, age 3, was playing outside her home when a ball she was playing with entered into a neighbor's garage owned by Alex and Deanna Martinez. The Martinezes' pet terrier was in the garage. When Gina entered into the garage to retrieve the ball, the dog attacked Gina. Gina, through her mother Francine Mendoza, sued the Martinezes for strict liability pursuant to a statute, and negligence. The Martinezes cross-claimed against Mendoza claiming negligent supervision.
Damages
Plaintiff sought damages for past medical expenses ($1599), future medical expenses ($5,000 for plastic surgery), past pain and suffering ($80,000), and future pain ($111,000). The defendants disputed the damages.
Injuries
Plaintiff claimed emotional distress, abrasions, lacerations, and contusions as a result of the dog attack. Gina's lip was torn, she sustained a puncture wound to her cheek, and had abrasions and contusions to her arm.
Result
Defense verdict. The jury found that while the dog bit Gina, the defendants were not strictly liable because Gina was not a lawful entrant in the defendants' garage.
Other Information
According to plaintiff's counsel, plaintiff will file a motion for new trial based upon attorney misconduct and evidence insufficient to support a verdict.
Deliberation
one hour
Length
four days
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