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CONFIDENTIAL

Sep. 13, 1997

Personal Injury
Strict Liability
Dog Bite

Confidential

Settlement –  $130,000

Mediator

Leonard S. Wolfe

Court

L.A. Superior Central West


Attorneys

Plaintiff

Patrick E. Michela


Defendant

Robert E. Levine


Experts

Plaintiff

Richard H. Polsky
(technical)

Melvin H. Nutig
(medical)

Francis C. Sheng
(medical)

Defendant

Martin D. Levine
(medical)

Ron Berman
(technical)

Facts

On June 22, 1995, the plaintiff, a 23-year-old manager of a skin care salon, was bathing her dog when the defendant's dog came into the plaintiff's yard. The defendant's dog attacked the plaintiff's dog. When the plaintiff attempted to protect her dog, the defendant's dog turned and bit the plaintiff, injuring her left forearm. As a result of the attack, the plaintiff was left with scarring on the arm and some permanent physical injury. The plaintiff brought this action against the defendant based on strict liability and negligence theories of recovery.

Settlement Discussions

The defendant made a settlement offer of $125,000 prior to mediation.

Specials in Evidence

$1,481.25 $4,500

Injuries

The plaintiff alleged lacerations to her left forearm, requiring stiches and resulting in scars for which plastic surgery is necessary. The plaintiff claimed permanent physical injury including numbness and sensitivity to heat/cold.

Other Information

The settlement was reached approximately one year and two months after the case was filed. A mediation was held on July 28, 1997, before Leonard Wolf resulting in the report settlement. Prior to mediation, the plaintiff amended her complaint to assert claims for punitive damages and successfully brought a motion pursuant to Civil Code º3295, for financial condition discovery.


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