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Personal Injury
Dog Bite
Strict Liability

Darrow v. Vlasek

Published: Nov. 5, 2011 | Result Date: Sep. 2, 2011 | Filing Date: Jan. 1, 1900 |

Case number: Case Not Filed Settlement –  $150,000

Court

San Diego Superior


Attorneys

Plaintiff

Richard A. Huver
(Judicate West)


Defendant

Marjorie E. Motooka
(Wolf, O'Connor & Myers)


Facts

Plaintiff Darrow was taking his daily walk for exercise when two dogs approached him. The dogs initially showed no interest then suddenly began growling and barking. One dog lunged and bit plaintiff's hand, the other dog bit his leg. He was bitten several times on his hand, arm and legs. A Good Samaritan who stopped his vehicle to assist plaintiff rescued him.

Plaintiff claimed strict liability for dog bites.

Settlement Discussions

Plaintiff demanded $150,000, which was accepted.

Specials in Evidence

$20,349

Injuries

Plaintiff suffered bite wounds to hand, arm and legs. Although no stitches were required, plaintiff did endure a painful and expensive ($13,000) series of rabies vaccination injections.

Result

The case was settled for $150,000 before the lawsuit was filed. The case settled directly with defendant's insurance company CSE Insurance Group. Post Howell meds actually paid by insurance $15,800.


#111248

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