Facts

Amanda Quintanilla sued her neighbor Clare Hendrick, in connection with a dog attack.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that, as she was walking her small dog on Dec. 9, 2011, defendant's Dalmatian/Springer/Pit Bull mix dog escaped and attempted to attack her dog. The dog struck plaintiff's legs and, as a result, plaintiff was knocked to the ground and was injured. Plaintiff sued defendant asserting strict liability, claiming that defendant knew of her dog's dangerous propensities prior to the attack. Plaintiff also alleged that defendant was presumptively negligent for violating a local leash ordinance, which plaintiff contended also created a non-delegable duty to the defendant dog owner.

DEFENDANT'S CONTENTIONS:
Defendant disputed any liability because she was out of town when the attack happened. Further, the dog sitter she had hired was also not present when the alleged attack occurred and so no one knew that her dog had escaped or how the dog had escaped. In any event, defendant contended that the blame should be placed on the dog sitter. Moreover, defendant argued she could not be liable for plaintiff's alleged injuries because plaintiff was not bitten. Defendant contended that plaintiff's hip issues were attributable to her subsequent fall and unrelated to this incident. Defendant also disputed the extent of plaintiff's claimed injuries. Further, defendant argued that the two arthroscopies she underwent were not reasonable and unnecessary.

Damages

Quintanilla requested $50,000 in past medical expenses and $20,308 in lost income plus pain and suffering.

Injuries

Quintanilla claimed she sustained a torn labrum in her left hip, which she, a registered nurse, treated herself. However, she claimed therapy and self-treatment proved futile. On Dec. 28, 2012, plaintiff had a partial anterior labral resection with Warren Kramer, M.D. On Jan. 26, 2014, plaintiff underwent a left hip arthroscopic labral repair with chondroplasty with Carlos Guanche, M.D. Plaintiff claimed the tears were progressive requiring her to have future surgeries. Plaintiff claimed she continued to experience pain and limitation on her left hip.

Result

The parties reached a $325,000 mediated settlement.

Other Information

FILING DATE: Dec. 4, 2013.