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CONFIDENTIAL

Nov. 22, 2001

Personal Injury (Non-Vehicular)
Dog Incident
Negligence

Confidential

Settlement –  $47,000

Judge

F. Latimer Gould

Court

Orange Superior


Attorneys

Plaintiff

John P. Rapillo


Defendant

Patrick J. Gibbs
(Ford, Walker, Haggerty & Behar LLP)


Experts

Plaintiff

Mazin Sabri
(medical)

Richard H. Polsky
(technical)

Defendant

Matthew Margolis
(technical)

Robert M. Wilson M.D.
(medical)

Facts

On Oct. 9, 1999, the plaintiff was preparing to walk her dog, a Siberian Husky. The plaintiff was
standing in her front yard with the dog on a leash when the defendant approached with his dog, a
smaller breed, a sheltie. The plaintiff and her daughter yelled to the defendant not to allow his
dog onto the plaintiffÆs property because her dog, the Siberian Husky, was "territorial" and was
prone to act adversely. The defendantÆs dog nevertheless traveled approximately 20 feet onto
the plaintiffÆs property and came nose to nose with the plaintiffÆs dog. The plaintiffÆs dog charged
the defendantÆs sheltie and in so doing dragged the plaintiff, who was holding onto the leash. The
plaintiff lost her footing and was catapulted onto the street in front of her house.

Injuries

The plaintiff suffered a comminuted fracture of the left distal radius and underwent open surgery. She also suffered various abrasions.


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