Confidential
Settlement – $55,000Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
David E. Agnew
(medical)
Sheldon Collis
(medical)
Defendant
Thomas W. Mulligan
(medical)
Facts
The plaintiff, a 65-year-old part-time cosmetics salesperson, was walking up the defendant's residential driveway to pick up cosmetics that she needed to deliver to a customer. (The defendant was also a cosmetic salesperson.) As the plaintiff walked up the defendant's driveway, the defendant's dog, a 40 pound mixed breed, attacked the plaintiff. The plaintiff was knocked to the ground and the dog then bit the plaintiff on the left leg. The plaintiff brought this action against the defendant based on negligence and strict liability theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $100,000 (policy limits). The defendant made a settlement offer of $5,000, which was withdrawn.
Specials in Evidence
$19,000 $1,800 $5,000
Damages
At the arbitration, the plaintiff claimed $1,800 (lost earnings and future loss of earnings) and $150,000 (general damages).
Injuries
The plaintiff alleged that she sustained a dog bite to her left calf, a ruptured tendon and/or osteochondralal fracture in her right ankle requiring a cast and reflex sympathetic dystrophy as a result of the accident.
Other Information
The award was reached approximately two years after the case was filed. The parties agreed to binding arbitration with a cap of $400,000 (policy limits) and a floor of $0.
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