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Personal Injury (Non-Vehicular)
Fall
Dog Incident

Bren Norris v. Carol Wright

Published: Dec. 13, 2001 | Result Date: Aug. 24, 2001 | Filing Date: Jan. 1, 1900 |

Case number: 411316 Verdict –  $140,000

Judge

Thomas McGinn Smith

Court

San Mateo Superior


Attorneys

Plaintiff

Kenneth L. Valinoti
(Valinoti, Specter & Dito LLP)

Stephen M. Murphy
(Law Offices of Stephen M. Murphy)


Defendant

Wayne Stillwell


Facts

The plaintiff, a 49-year-old former Miss Pennsylvania and professional singer, tripped and fell, sustaining head
injuries and then suffered post-concussive syndrome. On December 13, 1998 the plaintiff and her friend went
to the home of the defendant for pre-dinner drinks and then, together with the defendant and her boyfriend,
went out to dinner. Upon returning to the defendantÆs home after dinner, the plaintiff and the defendant went
for a walk with one of the defendantÆs dogs, a four-month old golden retriever. Upon returning to the
defendantÆs home, the defendantÆs other dog began to bark from a second story porch. The dog that had been
taken on the walk began to bark back and then ran suddenly across the plaintiff and the defendantÆs paths. The
defendant pulled forcefully on the leash in such a way as to up-end the plaintiff. Her feet flew out from under
her and she landed heavily on her head, losing consciousness.

Settlement Discussions

In late April of 2000, the plaintiff made an offer to compromise, pursuant to C.C.P. Section 998 for $20,000. The defendants originally offered $10,000. After neuropsychological testing which revealed the plaintiffÆs cognitive deficits, the demand was raised to $150,000. In March of 2001, the defendant made a C.C.P. Section 998 offer to compromise for $12,500.

Specials in Evidence

$2,325 plus $3,450 for neuropsychological evaluation $6,324 $38,000

Result

The jury delivered a special verdict in favor of the plaintiff in the gross amount of $140,000 consisting of $35,000 in economic and $105,000 in non-economic damages with comparative negligence of 50 percent.

Deliberation

six hours

Length

four days


#110214

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