Confidential
Settlement – $45,000Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Facts
On July 1, 1994, plaintiff was injured when she was bitten by defendants' dog. The dog had escaped from his pen and was roaming the street. The plaintiff retrieved the dog, returned it to its pen and closed the pen door. The plaintiff tried to pet the dog and say goodbye when the bite occurred. The plaintiff claimed defendants were careless and allowed the dog to roam the neighborhood surrounding their house unattended and in conscious disregard of the rights of others, including plaintiff. On May 31, 1995, plaintiff filed her complaint for strict liability, pursuant to Civil Code º3342. The plaintiff claimed defendants knew that the dog would be essential proof in plaintiff's action for injuries and damages sustained as a result of the July 1, 1994 incident. Through discovery, the defendants were notified by two separate requests for inspection of the dog and dog cage. Approximately twenty-four hours before plaintiff's inspection, defendants disposed of and destroyed the dog so plaintiff and her experts could not view and inspect the dog or the dog in its home environment. The plaintiff brought this action against defendants based on strict liability and spoliation of evidence theories of recovery.
Settlement Discussions
The plaintiff demanded $60,000. The defendant offered $30,000.
Specials in Evidence
$6,800 $510
Injuries
The plaintiff suffered a bite to her right hand, loss of grip strength and pain to her neck and right shoulder.
Other Information
The settlement was reached approximately two years and five months after the case was filed. SETTLEMENT CONFERENCE: A voluntary settlement conference was held on Oct. 13, 1997, before George Bruggeman, Esq. of Bruggeman, Smith & Peckham resulting in the reported settlement. The plaintiff accepted the settlement after Judge Charles D. Fields communicated that he would rule on both plaintiff's and defendants' motions in limine on an "as needed" basis during trial. Over 20 motions were pending including punitive damages, spoliation of evidence, bifurcation and a stipulation of liability.
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