Anthony Norwood by and through his Guardian ad Litem, Margaret H. Smith v. Cruz Felix, Sarah Felix
Published: Aug. 10, 2013 | Result Date: Jun. 6, 2013 | Filing Date: Jan. 1, 1900 |Case number: S-1500-CV-273084 Verdict – Defense
Court
Kern Superior
Attorneys
Plaintiff
Defendant
Shyla M. Smith
(Hartsuyker, Stratman & Williams-Abrego)
Experts
Plaintiff
Robert A. Applebaum M.D.
(medical)
Facts
On March 25, 2011, plaintiff Anthony Norwood, 11, was riding his scooter from his friend's house when German shepherd dog bit him. Norwood was about five houses away from his house. He sustained injuries to his face and, acting through his guardian ad litem, sued the owners of the dog, Cruz and Sarah Felix.
Anthony claimed that he knew the Felixes were the owner of the dog because he had seen the dog three times prior to the attack. Moreover, Anthony claimed that the Felixes' son had tried to "sic" the dog on him the day before the attack.
The defense disputed Anthony's multiple versions of the event. Counsel also argued that the Felixes' seven to eight-month-old puppy was restrained in the backyard at the time of the alleged attack.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiff claimed that Norwood returned to his friend's house and hid by the side yard gate after being bitten because he was scared of the dog.
DEFENDANTS' CONTENTIONS:
Defendants contended that plaintiff's friend had a dog matching the description of the dog that bit plaintiff. Defendants contended that Anthony and his friend were trying to protect themselves by claiming it was defendants' dog. Further, defendants contended that the other dog was known to have bitten two other children, including the defendants' son.
Damages
Anthony's plastic surgery expert opined that a scar revision surgery would cost approximately $32,000. The defense's expert opined that Anthony's scarring would cost $5,000.
Injuries
Anthony sustained a bite injury to his upper and lower lips as well as a puncture wound below his lower eyelid and cheek. He was taken to the hospital where he was stitched up. He was left with visible scarring on his lower eyelid and bottom lip. The right half of his upper lip was left with a disfigurement. He anticipated a scar revision surgery in the future.
Result
The jury returned a defense verdict, and found that the Felixes' dog did not bite Anthony.
Deliberation
one hour
Poll
10-2 (defense)
Length
three days
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