This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Premises Liability
Dog Bite

Sharron Renee Adams v. Tami Elliott and Lazy Wheel Trailer Park

Published: Feb. 15, 2005 | Result Date: Nov. 19, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 345798 Verdict –  $82,190

Judge

Michael R. Cummins

Court

Stanislaus Superior


Attorneys

Plaintiff

Norman C. Newhouse


Defendant

Mark S. Adams


Facts

On Dec. 26, 2003, the plaintiff, age 49, was delivering a loaf of bread she had made to her
friend, the defendant Tami Elliott, who was a resident at the defendant Lazy Wheel Trailer Park.
While there, she was attacked by the defendant's pit bull and received more than 20 puncture
and slash wounds to her body during the attack.

Settlement Discussions

The plaintiff demanded $60,000. The defense made a C.C.P. Section 998 offer of $17,500, with an indication of $20,000.

Specials in Evidence

$7,190

Damages

The plaintiff asked the jury to award her specials and $100,000 in noneconomic damages.

Injuries

The plaintiff's forearms were severely slashed during the incident and she was hospitalized for five days of treatment for the wounds and the infection. She claimed she still had residual scars and nerve damage numbness.

Result

The jury found for the plaintiff and found the defendant Elliott 60 percent negligent and Lazy Wheel Trailer Park 40 percent negligent. Both defendants will be jointly and severally liable for the plaintiff's economic damages of $7,190. As for the plaintiff's noneconomic damages of $75,000, each defendant will be responsible for their respective percentage of negligence.

Deliberation

two hours

Poll

12-0

Length

four days


#110376

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390