William M. Koegler v. Carol Lee Wong
Published: Apr. 4, 1998 | Result Date: Dec. 19, 1997 | Filing Date: Jan. 1, 1900 |Case number: 79299 Verdict – $100
Judge
Court
San Luis Obispo Superior
Attorneys
Plaintiff
Paul J. Cohen
(Jackson Lewis PC)
Defendant
Experts
Plaintiff
William M. Meller
(medical)
Defendant
Jeff Londen
(technical)
Facts
On July 15, 1995, plaintiff William Koegler, a 33-year-old actor, tennis instructor and security guard, was a weekend guest at defendant Carol Lee Wong's home in Cambria. As the plaintiff was leaving the residence to return to Los Angeles, he knelt down on the floor and interacted with the defendant's dog, at which time the dog bit the plaintiff in the neck. The plaintiff brought this action against the defendant based on strict liability and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $27,000. The defendant made a C.C.P. º998 offer of compromise for $5,000 with indication of $6,000.
Specials in Evidence
$7,000 terminated
Damages
The plaintiff was an aspiring actor who had been employed as a stand-in for actor Kevin Costner in the movie, "The Body Guard," as well as other films and music videos. Plaintiff claimed he was a Kevin Costner look alike, and that the permanent scar prevented him from engaging in job opportunities in the film industry. He also claimed that due to the scar and a subsequent infection, he was precluded from engaging in his profession as a tennis instructor for approximately six months to one year, and that he lost his position as a security guard. (The plaintiff was terminated two weeks prior to the incident.) The defendant claimed that the plaintiff lost no earnings as a result of the incident.
Injuries
The plaintiff suffered a permanent scar to the neck.
Other Information
The testimony of plaintiff's medical expert, Dr. William Meller, was not admitted into evidence by way of deposition. The verdict was reached approximately one year and five months after the case was filed. The defendant was awarded costs of $3,757.87. ARBITRATION: An arbitration was held on May 27, before Christopher A. Helenius of Smith, Helenius & Hayes, resulting in an award of $15,000. The plaintiff requested a trial de novo.
Deliberation
one hour
Poll
9-3
Length
three days
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