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Personal Injury
Dog Bite
Strict Liability

Jean Ellis v. David Wilkerson, Karyn Wilkerson, Michael Torterelli

Published: Jan. 25, 2005 | Result Date: Oct. 21, 2004 | Filing Date: Jan. 1, 1900 |

Case number: C0302700 Verdict –  $97,000

Judge

Joyce M. Cram

Court

Contra Costa Superior


Attorneys

Plaintiff

Thomas A. Paoli
(Paoli & Geerhart LLP)

Charles O. Geerhart


Defendant

Zachary Smith
(Freeman, Mathis & Gary LLP)


Experts

Plaintiff

Sabine Von Glinski
(medical)

Defendant

Clifford C. Raisbeck
(medical)

Facts

Jean Ellis, a 58-year-old teacher, was walking her dog. When she passed in front of the home of her neighbors, David and Karyn Wilkerson, their two Great Danes ran at her and knocked her down. The dogs' leashes were dragging behind them. The Wilkersons were out of town at the time, and the dogs had been cared for by Karyn Wilkerson's brother, Michael Torterelli, who had previously tied the dogs by the leashes to the front porch of the house.

Specials in Evidence

$29,341 $18,746 $2,500 future pension benefit loss (stipulated)

Damages

$282,000 for wage loss, medical expenses and pain and suffering

Injuries

Ellis suffered a bimalleolar fracture of the ankle, requiring open reduction and internal fixation surgery, which will leave a plate and pins in her ankle for life. She claimed that the injury will permanently affect her ability to stand for more than a few hours, climb or ascend slopes, and walk long distances, and that the hardware will cause her permanent discomfort and early onset arthritis.

Deliberation

three hours

Poll

9-3

Length

four days


#114333

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