Facts

Tricia Brennan was at the corner of Waller St. and Fillmore St. in San Francisco with her dog, who was sitting at heel but off the leash when another dog approached her and allegedly attacked her dog. Brennan's right pinky finger was caught in the other dog's pronged collar and broke her hand in an attempt to separate the two dogs. She sued Wendy Hill, the dog's owner, for failing to control her animal. San Francisco had a leash law that made it unlawful to allow dogs to roam off a leash.

PLAINTIFF'S CONTENTIONS:
Brennan contended that the collar used on the dog was designated for dogs with control issues.

DEFENDANT'S CONTENTIONS:
Hill admitted liability, but argued comparative liability for Brennan's failed attempt to get a good grip on her dog, for violating the same leash law, and for failing to prevent the injury when she could have pulled the dog away instead of grabbing the other dog. Hill also argued that the $9,600 lost wage claim was unsupported by any evidence.

Settlement Discussions

Pretrial plaintiff demanded $40,000. Pretrial defendant offered $15,000.

Damages

Brennan sought recovery for medical expenses, past wage loss, and general damages, both past and future.

Injuries

Brennan was treated at the emergency room for a fracture in her dominant right hand. She underwent surgery, which included the drilling and insertion of pins to reduce and stabilize the fracture, and spent six weeks in a cast. She continued to suffer from aching in her hand and pinky finger. She also claimed her right hand was left slightly disfigured. She continued to suffer from weakness in her hand, which prevented her return to her work as a chef and retail clerk.

Result

The jury found Hill negligent and awarded Brennan $19,433, which included $6,933 in past medical expenses, $7,500 for past non-economic loss and $5,000 for future non-economic loss. Brennan was also found 20 percent liable and her award was reduced to $15,546. The Court awarded costs in the amount of $1,500, a figure stipulated to by the parties. The jury rejected plaintiff's lost wage claim.

Deliberation

half day

Length

three days