Facts

Bina Mirchandani, as Guardian ad Litem for Dylan and Bradan Ward, sued the Santa Cruz County Animal Services Authority and Yolanda Rosebraugh, stemming from a dog attack that allegedly occurred on May 21, 2013.

PLAINTIFF'S CONTENTIONS:
Five-year-old Dylan was playing at Rio Del Mar State Beach when an off-leash dog grabbed him by the head and bit him. Dylan was injured and sued the County Animal Services Authority and the dog's foster parent, Rosebraugh. Dylan's six-year-old brother, Bradan, who witnessed the horrific attack, also joined in the lawsuit. Plaintiff contended that the county placed the dangerous dog in care of Rosebraugh. Plaintiff blamed Rosebraugh for the attack for allowing the dog to run off-leash. The dog allegedly had bitten another child prior to this incident. Plaintiff asserted a strict liability cause of action against defendants.

Injuries

The dog bit Dylan in his head, neck, and upper arm. Dylan was left with puncture wounds on his head and his scalp was bruised. Medical personnel used 12 staples to close up Dylan's open wounds, which then took about a year to heal. Meanwhile, both brothers suffered emotional distress, considered to be on the extreme side, resulting from the attack.

Result

The parties reached a $57,500 settlement, which included $50,000 for Dylan and the rest for his brother.