Ramon Valdez; Hilda Valdez; Imelda Janette Valdez by & through her Guardian Ad Litem H. Paul Swanson, Esq. v. Jim Shaba; Latif Zoura dba Bobar Liquor
Published: Nov. 14, 1998 | Result Date: Sep. 29, 1998 | Filing Date: Jan. 1, 1900 |Case number: 713508 Verdict – $39,083
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Michael L. Smith
(Glaser Weil Fink Howard Avchen & Shapiro LLP)
Experts
Plaintiff
Charles E. Fuerst
(medical)
Defendant
Drew A. Peterson
(medical)
Facts
On July 1, 1997, plaintiffs Ramon Valdez, father, and Imelda Janette Valdez, his 5-year-old daughter, were utilizing the outside water vending machine at Bobar Liquor in Chula Vista. As Ramon Valdez, father, was filling up a 5-gallon water jug through the coin-operated machine, a pit bull attacked the minor child. Ramon Valdez, in an attempt to keep the dog from mauling his daughter, lifted the child up, at which time, the dog attacked him. The daughter was bitten in the buttocks, back and shoulder. Ramon Valdez was bitten in the shoulder, penis, testicles and scrotum. The dog was finally chased away by passers by, who beat the dog with a car locking device, referred to as "The Club" and people attempted to run the dog over in the parking lot with vehicles. Both plaintiffs were treated at the scene by paramedics and both, thereafter, were treated at the emergency room of Scripps Memorial Hospital in Chula Vista. The plaintiffs brought this action against the defendants based on intentional tort and negligent tort theories of recovery. Plaintiff Hilda Valdez had a claim for loss of consortium.
Settlement Discussions
Per the defendant, the plaintiffs made a demand for $700,000 leading up to trial. Per the plaintiff, the demand was for $350,000. The plaintiffs had previously made an unofficial demand for $400,000 approximately 60 days before trial. Per the plaintiff, the unofficial demand was for $350,000. The defendants made a C.C.P. º998 offer of compromise for $15,000 for all three plaintiffs.
Damages
Per the defendant, plaintiffs' counsel asked the jury for a consolidated award of approximately $750,000, without setting a figure on the wife's loss of consortium claim. Per the plaintiff, the plaintiff asked the jury for $500,000.
Injuries
Both Ramon and Imelda Janette Valdez claimed physical and emotional injuries as a result of the attack, alleging need for past, present and future psychiatric care, plastic/cosmetic surgery, and continued orthopedic problems.
Other Information
The verdict was reached approximately one year and one month after the case was filed.
Deliberation
three hours
Poll
11-1 (Hilda Valdez), 12-0 (Ramon Valdez), 10-2 (Imelda Janette Valdez)
Length
3.5 days
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