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Personal Injury
Dog Bite
Strict Liability

Cassandra Cook v. Allan Watson; Adrian Watson, individually and as Trustee of the Linda Watson 198 Trust; Sutton Watson, as Trustee of the Linda Watson 1998 Trust; Tamara Watson, as Trustee of the Linda Watson 1998 Trust; and The Linda Watson 1998 Trust

Published: May 23, 2015 | Result Date: Apr. 13, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 37-2012-00102532-CU-PO-CTL Verdict –  $105,000

Court

San Diego Superior


Attorneys

Plaintiff

Jeremiah A. Lowe
(Gomez Trial Attorneys)

Bibianne U. Fell
(Fell Law, PC)


Defendant

Gregory P. Konoske
(Konoske, Akiyama & Brust LLP)

Nadi L. Mouneimne
(Konoske, Akiyama & Brust LLP)


Experts

Plaintiff

Munish K. Batra
(medical)

Defendant

Thomas R. Vecchione
(medical)

Facts

Cassandra Cook sued Allan Watson, Adrian Watson, Sutton Watson, Tamara Watson, and The Linda Watson 1998 Trust, in connection with an alleged dog bite.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that she was practicing tricks with a pit bull belonging to her boyfriend, defendant Allan Watson, when the dog bit her arms and face. As such, she sued her boyfriend, alleging strict liability for the dog bite. All the other defendants were eventually dropped from the lawsuit.

DEFENDANT'S CONTENTIONS:
Defendant alleged that plaintiff had teased the dog, which led to the attack, and therefore was partly at fault for the attack she suffered. Defendant also disputed the extent of plaintiff's claimed injuries.

Settlement Discussions

Cook demanded $125,000 in settlement, which Watson countered with a $55,000 offer in settlement.

Damages

Cook sought about $1.045 million in total damages.

Injuries

Cook claimed she sustained serious injuries to her face and eye socket, requiring reconstructive surgery.

Result

The jury found Allan Watson solely liable for his dog biting Cook and, as such, it awarded Cook $105,000 in total damages, including $65,000 in future economic loss (including future medicals), $20,000 in past non-economic damages, and $20,000 in future non-economic damages.

Other Information

FILING DATE: Aug. 16, 2012.

Deliberation

five hours

Poll

10-2 (damages)

Length

three days


#112111

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